If you own property in Spain and you already have a will in your home country, it’s natural to assume that document covers everything you need. It’s the question we hear most often at Sol-4 Gestión: “Do I really need a Spanish will if I already have one in the UK, Germany or anywhere else?”
The short answer is yes. And the reason has nothing to do with your foreign will not being valid — it has everything to do with what your heirs will have to go through to make that document work in Spain. Sworn translations, apostilles and notarial recognition are the difference between a straightforward process and one that drags on for months longer than it needs to.
In this guide, we explain what a Spanish will actually is, why it complements — rather than replaces — the one you already have, what types exist, how the process works step by step, and what happens if you decide not to make one. All explained the same way we handle every case: straight to the point, without leaving you with more questions than you started with.
What Is a Spanish Will and Why Isn’t It the Same as the One at Home?
A will is, in simple terms, the document where a person decides what happens to their assets after they die. The difference between making one in your home country or in Spain isn’t the concept — it’s the law that applies to the assets located here.
When you buy a property, open a bank account or hold any other asset on Spanish soil, that property becomes subject to certain rules of the local system, including the Land Registry and, in many cases, Spanish tax law. A will drafted in Spain, signed before a Spanish notary and written in the language of the system where it will actually be executed, removes most of the friction that appears when the entire process depends on a foreign document.
Why a Foreign Will Isn’t Enough for Your Assets in Spain
EU Regulation 650/2012 allows any European citizen to choose the law of their nationality to govern their succession, and thanks to that rule your foreign will can be recognised in Spain. The problem isn’t legal recognition, it’s what it takes to make that recognition happen in practice.
Without a Spanish will, your heirs will need to:
- Obtain a sworn translation of the will and any related documents.
- Process the Hague Apostille so the document has official validity in Spain.
- Present the foreign will, along with the death certificate, to a Spanish notary for recognition.
- In some countries, such as the UK, first obtain a “Grant of Probate” to validate the will at home.
Each of these steps adds time and cost. What could be resolved in Spain in weeks can, with a foreign will, turn into a process lasting several months — right when your family is least equipped to deal with paperwork.
What Happens If You Die in Spain Without a Spanish Will
If you leave no will at all, your estate is handled under what’s known as intestate succession. This has very concrete consequences for the people left behind:
- A Spanish notary determines who the legal heirs are according to the order set out by law, which may not match what you would have decided.
- Your heirs need to process a formal declaration of heirs, an extra step that can take several months.
- Until the process is resolved, the property cannot be sold, transferred or rented out.
- If there are several heirs who don’t agree, what should be a formality can turn into a prolonged family dispute.
With a Spanish will, all of this is avoided: your heirs know exactly what they’re entitled to and which notary holds the original document, without having to reconstruct your wishes from a law that doesn’t reflect them.
Inheritance With a Will vs. Inheritance Without a Spanish Will
| With a Spanish will | Without a Spanish will | |
|---|---|---|
| Typical duration | 3 to 6 months | 12 to 24 months |
| Extra documents needed | None of significance | Sworn translation, apostille, declaration of heirs |
| Who decides the distribution | You, in the will | Spanish intestate succession law |
| Choice of applicable law | Possible (EU Regulation 650/2012) | Not available |
| Legal cost for heirs | Low | Considerably higher |
What Types of Will Exist in Spain
Not every will offers the same level of security. These are the options under Spanish law:
Open Will
This is what we recommend in the vast majority of cases. It’s signed before a notary, who verifies your identity and legal capacity, and the original is kept at the notary’s office. Its existence is automatically reported to the General Registry of Last Wills, allowing your heirs to locate it without complications when the time comes.
Closed Will
Handed to the notary in a sealed envelope, without them knowing its content. It legally exists, but in practice it complicates the later stage considerably: it has to be formally opened and validated, which adds paperwork and cost exactly when your heirs need it least.
Holographic Will
Written entirely by hand by the testator, with no notarial involvement. This is the riskiest option: your heirs will have to prove its authenticity and have it validated by a court, a slow and uncertain process that rarely justifies the initial saving.
The open notarial will is, by far, the option that gives the most security and the least work to whoever has to carry it out.
How to Make a Spanish Will Step by Step
Making a will in Spain follows an orderly process — and one that’s far quicker than most people expect.
Step 1: Initial Consultation
We review what assets you have in Spain, who you want to leave them to, and whether there’s any particular circumstance — children from previous relationships, assets in more than one country, an existing will that needs to be coordinated — that we need to take into account. The consultation is carried out entirely in English.
Step 2: Choice of Applicable Law
As a citizen of another EU country, you can choose to have your succession governed by the law of your nationality instead of Spanish law, under Regulation 650/2012. This choice must be expressly stated in the will: if it isn’t, Spanish law applies by default.
Step 3: Drafting the Will
We draft the document in Spanish, with a full English translation (or your preferred language), so you understand every clause before signing anything. We review the draft together and make any adjustments needed.
Step 4: Signing Before a Notary
You sign the will before a Spanish notary, in an appointment that usually takes less than an hour. We handle all communication with the notary’s office and accompany you if needed.
Step 5: Registration
Once signed, the will is automatically registered with the General Registry of Last Wills. From that point on, your heirs can confirm its existence and location with a single official request.
What Is a Certificate of Last Will and Why Your Heirs Will Need It
The certificate of last will is the document issued by the General Registry of Last Wills to confirm whether a deceased person made a will in Spain and, if so, before which notary. It’s one of the first steps your heirs will have to take, whether or not a will exists, because without it they can’t know for certain where the original document is held.
When a properly registered Spanish will exists, obtaining this certificate is a quick step. When it doesn’t, the certificate simply confirms there’s no registered will, and that’s where the intestate succession process described above begins.
You Can Amend or Revoke Your Spanish Will Whenever You Want
A will isn’t a document set in stone. You can amend a will or revoke a will at any time, as long as you retain legal capacity to do so, and you don’t need to justify the reason to anyone.
It’s worth reviewing your Spanish will whenever significant circumstances change: marriage, divorce, the birth of children or grandchildren, buying new assets in Spain, or the death of someone named in the document. An outdated will can open the door to disputes you never intended for your family.
The Best Time to Make a Will in Spain Is When You Buy. The Second Best Time Is Now
We always recommend granting a Spanish will at the same time as completing a property purchase: everything is already being put in order, and it adds very little time to the process. But if you already own property in Spain and haven’t done it yet, the right time is still now — not after something has already happened.
At Sol-4 Gestión, we’ve been preparing Spanish wills for foreign property owners on the Costa Blanca for 25 years.
We explain everything in English, coordinate your Spanish will with the one you already have at home, and make sure your wishes are properly recorded under Spanish law. If you’re also handling an inheritance in Spain, we can guide you through that process too — including questions many people ask us about inheritance tax and international inheritance.
Frequently Asked Questions About Spanish Wills
Yes. Your foreign will can be recognised, but your heirs will need to translate it, apostille it and have it validated before a Spanish notary, adding months and cost. A dedicated Spanish will for your assets here avoids nearly all of that process.
No, if it’s drafted correctly. A Spanish will is limited to your assets in Spain, and both documents can coexist as long as they’re properly coordinated.
For the vast majority of foreign property owners, the open notarial will is the safest and simplest option to carry out and the one we recommend at Sol-4 Gestión.
With a Spanish will, inheritance is usually resolved in 3 to 6 months. Without one, the process can stretch to 12 to 24 months.
Yes, at any time, with no need to justify the reason. It’s advisable to review it after major changes such as marriage, divorce or buying new assets.
It’s the official document confirming whether someone made a will in Spain and before which notary. It’s one of the first steps your heirs need when the time comes.
Yes, if you’re an EU citizen. Regulation 650/2012 lets you choose the law of your nationality, but that choice must be expressly stated in your Spanish will.
