Making a Spanish will is one of the most important legal steps foreign property owners can take to protect their assets in Spain and avoid significant complications for their heirs. Although it is not legally mandatory, the consequences of dying without a Spanish will can be costly, time-consuming, and emotionally stressful for the family.
Below, you will find the main reasons why every foreign resident or non-resident with assets in Spain should sign a Spanish will, and what happens if they do not.
The Advantages of Making a Spanish Will
1. Faster and smoother inheritance procedure
A Spanish will allows heirs to complete the inheritance process much more quickly.
Without it, the Notary and the Spanish authorities must analyse many foreign documents before the estate can be transferred.
A Spanish will ensures that:
- the Notary knows exactly who the heirs are,
- no additional legalisation or foreign probate procedure is needed (unless desired by the heirs),
- the estate can be accepted and registered with fewer delays.
2. Clear identification of heirs
If the deceased leaves a Spanish will, the heirs are already named and identified.
If there is no Spanish will, heirs must prove:
- their identity,
- their relationship to the deceased,
- and their inheritance rights.
This requires documents such as:
- birth certificates,
- marriage certificates,
- certificates of family relations,
which must be: - legalised or apostilled, and
- translated by a sworn translator
May require signing a formal declaration of heirs before a Spanish Notary, providing birth certificates, marriage certificates, legalised or apostilled documents, and sworn translations, as well as other foreign probate procedures and additional bureaucracy or court procedure in their home country.This alone can delay the inheritance for months.
3. Freedom to choose the law governing the succession
Thanks to EU Regulation 650/2012, any foreigner living or owning assets in Spain can choose:
- the law of their nationality,
- or Spanish law,
to govern their inheritance in Spain.
This is extremely important because inheritance laws vary greatly between countries.
For example:
- England and Wales allow complete freedom of disposition: you can leave your estate to anyone you choose.
- Spain has forced heirship rules (legítimas), where part of the estate must go to certain heirs (usually children).
By making a Spanish will, the testator can clearly state:
“I choose the law of my nationality to govern my succession.”
This ensures the inheritance follows their wishes.
4. Option to use Spanish law if it is more favourable
In some situations, Spanish law may be more beneficial than the testator’s national law.
A Spanish will allows the testator to expressly choose Spanish law if they prefer it.
This flexibility can be crucial for families with complex personal situations or blended families.
5. Avoiding the application of Spanish forced heirship by default
If a foreigner dies in Spain without a will, Spanish law applies automatically.
This means that Spanish forced-heirship rules determine the distribution of assets, regardless of the testator’s wishes.
For example:
- A portion of the estate must go to children (or descendants).
- The spouse receives only a limited usufruct share.
This may not match the deceased’s intentions or their national legal tradition.
6. Reducing legal costs and avoiding unnecessary paperwork
A well-drafted Spanish will:
- prevents double probate,
- reduces the number of foreign documents required,
- avoids legal disputes among heirs,
- lowers administrative costs,
- and speeds up the transfer of the property title.
What Happens If There Is No Spanish Will?
If a foreign property owner dies in Spain without a will, the inheritance becomes far more complex. Heirs will need to:
- provide foreign birth and marriage certificates,
- have all foreign documents legalised or apostilled,
- obtain sworn translations into Spanish,
- possibly go through a full probate or court procedure in their home country,
- wait significantly longer to transfer property and bank funds,
- and face higher legal and tax expenses.
Additionally, Spanish forced heirship applies by default, which may distribute the estate in a way the deceased did not intend.
Summary Table: Advantages of Having a Spanish Will vs. No Will
| Aspect | With a Spanish Will | Without a Will |
|---|---|---|
| Governing law | You choose your national law or Spanish law. | Spanish law applies automatically (forced heirship). |
| Identification of heirs | Already established in the will. | Must prove heirs with legalised and translated documents. |
| Administrative burden | Simple, fast, and clear procedure. | Complex, slow, expensive, requires many foreign documents. |
| Notary requirements | Direct inheritance acceptance in Spain. | May require foreign probate and additional bureaucracy. |
| Costs | Lower legal and translation costs. | Higher costs due to additional documents and procedures. |
| Timeframe | Weeks or a few months. | Several months to over a year. |
| Wish of the deceased | Fully respected according to chosen law. | Often not respected due to Spanish forced-heir rules. |