Buy a Spanish will online
We can quickly draw up your Spanish last will and testament, and send it to you in a dual Spanish / English format. Once you have approved the will you will need to take it to a notary public (notaria) to have it witnessed and inscribed in the public registry of will.
See our article «Do I need a Spanish will?» to decide whether you need to make a will in Spain.
Scroll to the end of this page to get started with drafting your new will in Spain!
How to obtain your will in Spain online
- Pay the online fee of €160 + 21% IVA (total €193,60) using a bank card.
- You will then be assigned one of our solicitors as your personal point of contact, and presented with an online form to fill out your details.
- Once you have filled in the details for your Spanish will online we will draw up the legal document and send you through the draft copy for your approval. Once approved, a final copy will be sent to you.
- Your testament will be presented to you in a legally binding Spanish document that contains a full English translation. Translation into other languages is available upon request, although this will incur a translation fee.
- Once you have the final approved document you will need to take it to a notary public for inscription. We will help you in locating the closest notary to where you live. See below for more information on the notary appointment.
Planning your Spanish will – before you start
You first need to decide how you wish to dispose of your assets after death.
Under Spanish Law you can leave either a legal title or a life interest in a Spanish property to different heirs. So, you could leave the title of a property to your heirs but grant life interest in the property to your partner, allowing them to continue living there until their death.
Another option is when a property is jointly owned; your co-owner can keep their portion of the home and your share is distributed amongst your children.
If you are planning to dispose of your Spanish assets upon the death of a co-owner, then your will should clearly state this so that there can be no claims upon the property by other heirs.
Case study 1: Mr & Mrs Smith jointly own a property in Spain, each holding 50% of the title deeds. They have three children. The couple leave a life interest in their share of the property to each other, but the title deeds to their children. Upon the death of Mr Smith, his wife is granted life interest over his 50% share, but his half of the title deeds are shared amongst the three children. Upon the death of Mrs Smith, the life interest is extinguished and her share of the home is shared amongst the three children. This ensure that the children receive their inheritance, but cannot remove Mrs Smith from the property during the remainder of her life. Likewise, Mrs Smith cannot sell the house without consent of the three heirs.
Case Study 2: Mr Smith and Ms Johnson live together in a house wholly owned by Ms Johnson. Upon her death, a life interest in the home was granted to Mr Smith to allow him to continue living there until he passed away, but the title deeds were passed to the two daughter of Ms Johnson. The daughters received their inheritance, but cannot dispose of the house until Mr Smith departs.
It is important to note that the death, divorce or bankruptcy of any of the heirs would complicate ownership, as this could lead to dilution of the ownership of the property. Each heir should have a Spanish will to cover their assets.
Case study 3: Mr Karlsson and Mrs Fernandez co-own a property in Spain. Upon the death of one, the will states that the property is to be sold and the money from both shares be used towards the up-keep of the surviving partner. This prevents any children from demanding a share.
We advise that your Spanish will be considered as complementary to a will in your country of residence, and only deal with your Spanish estate. The testament in Spain will cover disposal of your Spanish estate and will make it easier for your heirs. Our article «Do I need a Spanish will?» will help you decide whether you need a last testament in Spain.
Going to the notary
Signing your will at the notary is a simple process. If you do not have a favourite notary we can find the closest one to your place of residence and book an appointment for you.
If you do not speak sufficient Spanish you will be required by the notary to attend with a translator.
If you are signing a Spanish will in Spain then you will not need two independent witnesses. The notary will deposit the will with a central registry and that will become your official will. You will be given a certified copy of the will to keep, known as a copia simple.
In the UK?
Find your closest notary public here: http://www.thenotariessociety.org.uk/find-a-notary
If signing the will in the UK you will need two independent witnesses over the age of 18, and neither of the witnesses may be named in the will. The notary will tell you what proof of address and identity is required.
You will need to ask the notary to attach the Spanish will to the signed document and arrange for the stamp of the Apostille of the Hague to be attached to the will by the Foreign & Commonwealth Office.
Once the Spanish will has been returned to you with the stamp of the Apostille of the Hague, you can send it to us and we will arrange for it to be registered with the Central Will Registry.
Updating your non-Spanish will
It is important to remember that if you update your non-Spanish will, you will have to make mention of your registered Spanish will otherwise the new non-Spanish will can revoke the Spanish one.
If you do not plan to revoke your Spanish will, then it is not advisable to make explicit mention of any Spanish asset, as this will cause a conflict.
You should take specific legal advice in your jurisdiction when drawing up your non-Spanish will. However, for example, there are several legal forms to bear in mind when drafting your English or Welsh will:
- I revoke all former wills – this wording will revoke your previous Spanish will and any others
- I revoke all former will except my Spanish will dated xx/xx/xxxx – this wording will revoke all former wills except the Spanish will dated on that date.
Get started drafting your Spanish will
Please pay the appropriate fee online. Wills are individual, you cannot have one will for two people. So a married couple will require two wills, even if all assets are jointly owned.
You will then be assigned a personal solicitor who will send you a questionnaire to complete.
Single will – €160 + 21% IVA: €193,60
After clicking «send» you will be redirected to our payment processing page to take online payment of €193,60. If you want more than one will, please return to this page and carry out a second payment.