If you own property in Spain — or simply live here — making a Spanish will is one of the smartest and cheapest things you can do for the people you leave behind. It is not about distrusting your home-country will. It is about sparing your heirs a procedure that can otherwise take months and cost thousands.
Why a Spanish will matters even if you already have one
A foreign will is valid in Spain, but using it means translating it, having it legalised or apostilled, and proving the content of your national law to a Spanish notary. That process is slow and expensive, and it happens at the worst possible moment for your family.
A Spanish will, by contrast, is signed before a notary in about half an hour, costs a modest fixed fee and is registered in the Registro General de Actos de Última Voluntad, where any Spanish notary can locate it immediately.
Important: a properly drafted Spanish will can be limited to your assets in Spain, so it coexists with your will at home instead of revoking it. Getting that clause right is precisely why this should not be improvised.
The rule that changes everything: choosing your national law
Under EU Regulation 650/2012, the law that governs your succession is by default the law of your country of habitual residence at the time of death. But the regulation lets you expressly choose the law of your nationality instead — and that choice must be made in the will.
For British, Irish or American nationals this is decisive. Spanish law imposes forced heirship: a large part of the estate must go to children and, in certain cases, to the surviving spouse. English law, by contrast, allows near-complete testamentary freedom. If you want to distribute your estate as you would at home, you need that clause. Without it, Spanish forced heirship rules may apply to everything.
What it costs and what it saves
Signing a simple Spanish will before a notary costs a modest fee. The saving comes later: your heirs avoid translations, apostilles, certificates of foreign law and, above all, months of delay. Meanwhile, the six-month deadline to file Spanish inheritance tax keeps running whether or not the paperwork is ready.
Inheritance tax: the Madrid advantage
Spanish inheritance tax is regional, and the differences are enormous. In the Community of Madrid there is a 99% relief on the tax due for close family — children, spouses, parents. In practice, a spouse or child inheriting in Madrid pays around 1% of what the tax would otherwise be.
Two caveats worth knowing. First, the relief is far smaller — or absent — for siblings, nephews, nieces and unrelated beneficiaries. Second, the relief must be claimed properly and on time; assuming "there is nothing to pay" and missing the six-month deadline is the single most expensive mistake we see.
How the process works
- We take your instructions and check which law should govern your estate.
- We draft the will in a bilingual format, so you read and understand exactly what you sign.
- You sign before a notary. An interpreter can attend if needed. It takes one appointment.
- It is registered centrally, so it can never be lost or overlooked.
Frequently asked questions
Will a Spanish will revoke my will at home?Not if it is drafted correctly. The will should state expressly that it covers only your assets located in Spain, leaving your foreign will fully effective for the rest of your estate. This clause is essential and easy to get wrong.
Can I leave my Spanish property to whoever I want?Only if you expressly choose the law of your nationality in the will, where that law allows testamentary freedom. Otherwise Spanish forced heirship rules may apply and reserve a substantial share for your children.
Do I need to speak Spanish to sign?No. Wills are commonly prepared in a bilingual format and an interpreter can attend the signing. You will understand every clause before you sign.
How long do my heirs have to settle the estate?Spanish inheritance tax must be filed within six months of death, extendable by a further six months if requested within the first five. Deadlines run regardless of whether the family paperwork is in order — which is exactly why a Spanish will helps.
We draft Spanish wills for international clients in English. Wills at FH Abogados — free first consultation: 633 023 832.