Spanish Wills for Foreign Residents
If you own or plan to own a home in Spain, a Spanish will is the single document that decides how smoothly your family gets through the worst month of their year. Understand what it does, which law it can follow and what to settle before you see a notary.
Why foreign residents need a Spanish will
Spain has its own rules on who inherits, how much and in what order. If you live in Spain and do nothing, those rules decide for you, and your family has to prove each step to a notary and the Registro de la Propiedad. A will written by a Spanish notary lets you decide, in a document Spanish offices recognise on sight.
A will from home may still be valid, but it usually travels with an apostille, a sworn translation and a notary who has to interpret a foreign legal system. A Spanish will removes most of that friction. For a short, honest explanation of the stakes, read our blog on making a will in Spain.
What a Spanish will can do for you
It names who inherits what, within the limits of the law that applies. It lets you protect a surviving partner, provide for stepchildren or an unmarried partner who would otherwise inherit nothing, and appoint the person who will carry out your wishes. Once signed before a notary, it is recorded in the central register of wills, so your family can find it quickly when it matters.
It also gives you a place to make a deliberate choice of law. Under the EU Succession Regulation, your habitual residence at death decides which law governs your estate unless you choose the law of your nationality. That choice has to be written into your will, and it is one of the main reasons foreign residents see a specialist.
What it cannot do
A will does not remove inheritance tax. Spain taxes inheritances of Spanish assets, and the amount depends on the region and on how close the heir was to you. See our overview of inheritance and gift tax in Spain before you plan.
It also does not automatically override the legítima, the part of the estate that Spanish law reserves for close relatives. Whether it applies to you depends on the law that governs your estate and on your region. The rules are not the same in Catalonia, Galicia, Aragón, the Basque Country, the Balearic Islands, Navarra and the rest of the country, so general guidance is only a first step.
Five things to settle before you see a notary
You do not need to arrive with a perfect plan, but you will have a better conversation if you have thought through a few points. First, who you want to inherit, and in what shares. Second, whether you have children from earlier relationships or a partner you are not married to. Third, where you live most of the year and which nationalities you hold. Fourth, what you own and where, including the Spanish home and any foreign accounts or property. Fifth, whether you already have a will at home, because the new one must not accidentally cancel it.
If any of those answers is complicated, say so early. Cross border estates are the cases where a notary and an adviser who knows your home country rules earn their fee.
If something happens before you have a will
Without a will, the law applies a fixed order of heirs, starting with descendants, then ascendants, then the surviving spouse, then more distant relatives and finally the State. The spouse usually keeps a usufruct, and stepchildren and unmarried partners generally inherit nothing. The heirs then need a declaración de herederos before they can move forward, and the inheritance tax deadline of six months from the death keeps running while they gather documents. It is manageable, but it is slow and it removes your choices. We describe that route in our article on dying without a will in Spain.
When the home is eventually sold, a second set of questions follows. Our guide to selling an inherited property in Spain covers what heirs should know.
Documents from abroad
Foreign identity or civil documents used alongside your will, such as proof of family ties, usually follow the same chain as any paperwork for Spain: an apostille first, a sworn translation after. Plan the order so that you only pay for each step once.
A word on honesty
Succession law is regional, it changes slowly but it does change, and individual families have details that no web page can see. Use this page to prepare for the conversation, and let a Spanish notary and, for cross border estates, a specialist adviser give the final answer. Easy To Spain does not give legal advice, it helps you get the paperwork and the process in order.
Frequently asked questions
Put your estate in order
Easy To Spain guides you online through the Spanish bureaucracy, so the paperwork around your move is done once and done right.
Settle the will while everything else is still fresh and in order.
