Drawing up a will in Spain is usually a much simpler and cheaper process than many people realise.
However, when it comes to foreign nationals, expats or property owners in Spain, it is common for additional questions to arise: do I need a Spanish will? Can I use the will I have in my own country? How much does a notary charge? Do I need a solicitor? Are there any additional costs?
The answer depends on each person’s circumstances and how they wish to organise their estate.
In this guide, Sol-4Gestion explains how much it costs to draw up a will in Spain, what proportion of the cost goes to the notary, when legal advice may be necessary, and what foreigners and non-residents who own property in Spain should bear in mind in particular.
How much does it cost to make a will in Spain?
The cost of a notarised will in Spain is subject to the notarial fee schedule, so it is not a service for which each notary’s office can set its own price.
The scale of fees sets a charge of 30.050605 euros per testator for wills, under the category of documents without a specified value. This is the reference fee, but it should not necessarily be confused with the final amount on the invoice: there may be other charges associated with the document, such as certain copies or notarial procedures.
For this reason, it is common to find references to a final cost higher than the base fee. The Notarial Association of the Basque Country, for example, states that a will costs approximately 80 euros and that the price may rise slightly if the document is longer than usual.
Consequently, if you are looking to find out how much it costs to draw up a will in Spain, it is not advisable to rely solely on a reference figure: the final amount depends on how the document is drawn up and on the items included in the invoice.
What is included in the price of a notarised will?
In an open will, the testator expresses their wishes before the notary, who then drafts the document in accordance with them.
The Civil Code stipulates that an open will must be executed before a notary and sets out the procedure for its formalisation.
Notarial fees are governed by the relevant scale of charges. In addition to the fee associated with the execution of the will, there may be other charges relating to copies or specific procedures.
Therefore, if you need to know the exact price before visiting the notary’s office, the best course of action is to request information from our team of solicitors and wills advisers regarding the estimated cost for your specific case.
Do I need a solicitor to make a will in Spain?
It is not compulsory to hire a solicitor to draw up a will before a notary. The notary themselves is involved in the preparation and authorisation of the will. The General Council of Notaries explains that, in general terms, to draw up a will, it is sufficient to visit the notary and state how you wish to organise your estate.
However, in certain cases it may be advisable to seek specialist legal advice beforehand, particularly where there are international elements involved. For example, the situation may require a more detailed analysis when:
- The testator lives outside Spain.
- They hold foreign nationality.
- They own property in Spain and in other countries.
- They have several wills drawn up in different countries.
- They are married under a foreign matrimonial regime.
- He has children or heirs residing in different countries.
- You wish to determine which law should apply to your estate.
- There are doubts regarding the statutory shares or the rights of certain heirs.
In these cases, the cost of legal advice would be separate from the notary’s fees. There is no standard rate to indicate how much a solicitor charges for drawing up or reviewing a will. The amount will depend on the work required and the complexity of each situation.
How much does a Spanish will cost for foreign nationals?
For a foreign national wishing to draw up a will in Spain, the cost of the notarial formalities is also subject to the relevant fee schedule. What may vary is the complexity of the estate planning and the necessary documentation.
A foreign national who simply wishes to organise the transfer of a property located in Spain may find themselves in a very different situation to someone who resides in another country, owns properties in several countries, is married under foreign law and has children of different nationalities.
For this reason, it would not be correct to set a specific price simply because someone is a foreign national. The important thing is to distinguish between:
- Notary’s fees: subject to the notarial fee scale.
- Legal advice: this will depend on the professional and the work required by the case.
- Additional documentation: this may incur costs if it is necessary to obtain documents, arrange certified translations, have documents apostilled or carry out certain procedures in another country.
Can I make a Spanish will if I am not a resident?
Yes. A person who does not reside in Spain may make a will in Spain, but the fact of having a Spanish will does not automatically mean that the entire succession will be governed by Spanish law. In international successions, it is necessary to analyse the rules on applicable law.
Regulation (EU) No 650/2012 generally provides that succession is governed by the law of the State in which the deceased had their habitual residence at the time of death, although it provides for certain exceptions and allows, under certain conditions, for the choice of the law of the State of which the deceased was a national.
For this reason, for a foreign national with assets in Spain, the question is not merely ‘Do I have a Spanish will?’, but also ‘Which law do I want to govern my succession and which law is applicable?’
This analysis may be particularly relevant when assets are spread between Spain and another country.
Do I need a Spanish will if I already have one in my own country?
Not necessarily. A will drawn up in another country may be valid in Spain if it meets the relevant requirements. The General Council of Notaries explains that a foreign will may be valid in respect of assets situated in Spain, provided that the applicable rules of private international law are complied with.
Therefore, owning property in Spain does not automatically mean that you must draw up a second Spanish will. However, in certain situations it may be advisable to draw up a will in Spain in order to organise the succession of assets located in the country more clearly.
Before drawing up a second will, it is important to review the one you already have. Having several wills in different countries without proper planning can lead to uncertainty about which one applies and how the two documents should be coordinated.
What are the advantages of drawing up a will in Spain if you own a property there?
For a foreign property owner, one of the main aims of making a will is to organise the succession and simplify the procedures that the heirs will have to carry out when the time comes.
A will allows the testator’s wishes to be recorded within the limits set by the applicable legislation. Furthermore, where a valid will exists, the heirs can avoid certain formalities that would be necessary if there were no testamentary disposition.
When a person dies without a will, it may be necessary to apply for a declaration of intestate succession to determine who the heirs are in accordance with the applicable legislation.
Therefore, although the cost of drawing up a will is relatively low, its benefits can be much greater when there are assets in Spain and heirs living in different countries.
What documents do I need to make a will?
| Information / documentation | Is this required? | Comments |
| Identity document | Yes | This is required to visit the solicitor and execute the will. |
| Nationality and usual place of residence | As the case may be | Particularly relevant in international situations. |
| Family circumstances | As the case may be | This helps to determine the family circumstances relevant to the will. |
| Marriage and matrimonial property regime | As the case may be | This may be relevant in determining the testator’s financial circumstances. |
| Children and other potential heirs | As the case may be | This helps to organise the succession correctly. |
| Properties and other assets in Spain | As the case may be | It is useful to know what assets are located in Spain, although it is not always necessary to draw up a full inventory. |
| Previous wills | As the case may be | It is advisable to disclose their existence in order to determine how the new will relates to previous ones. |
| Full inventory of assets | Not always | It is not necessary in all cases. The documentation required will depend on the circumstances and what you wish to set out in the will. |
How much does it cost to amend or update a will?
A will does not have to remain the same throughout one’s life. If family, financial or residential circumstances change, it may be advisable to check whether the will still accurately reflects the testator’s wishes. It may be necessary to review it after:
- Getting married or divorced.
- Having children.
- A change of usual place of residence.
- Purchasing a property in Spain.
- Selling a property included in your estate plan.
- Drawing up a new will in another country.
- A change in the circumstances of the heirs.
The cost of amending or replacing a will will depend on the new will and the specific circumstances. As with the first will, notary fees are subject to the relevant scale of charges.
What happens if I don’t make a will?
If you die without a will, the estate is not left unresolved. The applicable legislation will determine who the heirs are and how the estate is distributed. Depending on the circumstances, it may be necessary to apply for a declaration of heirs to establish who is entitled to inherit.
This may involve additional paperwork for family members, particularly where there are international elements. For example, if you own a property in Spain but your heirs live in another country, a lack of planning may require the coordination of documentation from different jurisdictions before the inheritance can be finalised.
For this reason, the relatively low cost of drawing up a will should be weighed up not only against the cost of the document itself, but also against the administrative burden that may fall on the heirs.
How much does it cost for a foreign property owner to draw up a will in Spain?
There is no single price applicable to all foreign property owners. As a guide, the notarial fee schedule sets a rate of 30.05 euros per testator for wills within the relevant category, although the final amount may include other charges and should not be confused with a universal flat rate.
If you also require legal advice, translations, foreign documentation, apostilles or other procedures relating to an international succession, these costs will be separate from the notary’s fees.
The surest way to find out the total cost is to first analyse what you need to do and request a quote for each service.
Is it worth drawing up a Spanish will if you own property in Spain?
The financial cost of having a will drawn up by a notary is relatively low compared to the importance it can have for estate planning.
For a foreign property owner, in addition to the cost, it is important to ensure that the will is aligned with their family circumstances, place of residence, nationality and the rest of their estate planning.
A Spanish will can be a useful tool, but it should not be considered in isolation when international factors are involved. If you already have a will in another country, it is advisable to review it before drawing up a new one in Spain to avoid any contradictions and to check which legislation may apply.
Sol-4 Gestion: inheritance planning for foreign property owners
If you own a property in Spain and live in another country, ensuring your estate is properly organised can help your heirs avoid unnecessary paperwork in the future. At Sol-4 Gestion, we work with foreign property owners and international clients who need to manage their assets and estates in Spain.
We can help you review your situation and coordinate the necessary procedures relating to your properties in Spain, including the preparation and management of documentation, liaising with notaries and other professionals, and the subsequent formalities when an inheritance takes place.
We work in particular with clients in the Valencian Community and with property owners from other parts of Spain
If you’d like to find out what options are available to you for organising the succession of your assets in Spain, please contact Sol-4 Gestion and we’ll assess your situation.
Frequently asked questions about the cost of making a will in Spainn
The cost depends on the nature of the document and the items included in the invoice. The notarial fee schedule sets a rate of 30.05 euros per testator for wills falling within the category of documents without a specified value, but this amount should not be interpreted as the universal final price for any will.
Being a foreign national does not in itself result in a different fee for the notarial execution. The cost may increase if the case requires legal advice, foreign documentation, translations, apostilles or other procedures.
It is not compulsory to hire a solicitor to draw up a will before a notary. However, legal advice may be advisable where there are assets in different countries, multiple wills, different nationalities or doubts regarding the applicable legislation.
Yes. A non-resident may make a will in Spain. However, where there are international elements, it is important to analyse which legislation may apply to the succession.
It may be. The validity and effects of a will drawn up abroad depend on the applicable rules and the specific circumstances of the succession.
The succession will be dealt with in accordance with the applicable law, and it may be necessary to make a declaration of heirs to establish who is entitled to receive the assets. In an international succession, the applicable law must first be determined.
Yes. You can make a new will if you wish to amend your wishes. If you already have wills in Spain or in other countries, it is advisable to check how they relate to one another before making a new one.
