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Wills lawyers in Spain for international succession
Spanish solicitor for cross-border succession planning and notarial signing
A Spanish will is not compulsory, but it is often the clearest way for an expat or non-resident to deal with property, bank accounts or other assets in Spain.
Under EU Succession Regulation 650/2012, the law of the country where you habitually reside usually governs your succession, although you may expressly choose the law of your nationality in your will. A carefully coordinated Spanish notarial will can reduce delays, prevent conflicting documents and make your wishes easier for heirs to implement.
Planning your estate when you own assets in Spain or abroad can be complex, but our specialist solicitors in Spain make it easy for you. Pellicer & Heredia combines expertise in inheritance wills and cross-border estate planning to protect your family and your assets. With our tailor-made legal solutions, you can reduce tax risks and make it easier for your heirs to receive what you intend them to inherit.
Reviewed by Ignacio Pellicer Molla, lawyer specialising in inheritance and international taxation at Pellicer & Heredia
- Bar Association no. 5918
- Languages: English, Spanish and Italian
- Last updated: August 2026.
Draft or update your Spanish will with confidence
Our solicitors specialising in wills in Spain offer clear, multilingual advice to expatriates and residents. We review your nationality, habitual residence, family circumstances, assets in Spain and any existing foreign will. You receive clear advice, a coordinated draft and support through the notarial signing.
Key facts about wills in Spain
Is a Spanish will compulsory?
No. A valid foreign will may be usable, but a Spanish will can make the administration of Spanish assets more direct.
Most common form
An open notarial will, known as a testamento abierto.
Who can make one?
Spanish residents, non-residents and foreign nationals, subject to capacity and formal requirements.
Default succession law
Usually the law of the country of habitual residence at the time of death under Article 21 of Regulation (EU) 650/2012.
Choice of law
A person may expressly choose the law of a country whose nationality they hold under Article 22.
Can it cover only Spanish assets?
Often yes, provided it is carefully coordinated with every will or estate document in another country.
Can it be changed?
Yes. Testamentary dispositions are revocable, but the wording of a later will must be checked to avoid unintended revocation.
Registration
The notary reports the existence of the will to the General Register of Last Wills. The Register does not publish the contents.
Language
The will can be prepared with the necessary translation or interpreter arrangements when the testator does not use the notary’s language.
Witnesses
Usually not required for a standard open will, except in circumstances specified by law or when requested.
A will is a personal act and cannot be signed by an attorney on the testator’s behalf.
Inheritance tax
The will does not choose the tax law or remove Spanish tax obligations. Tax planning requires a separate analysis.
Do you need a will in Spain?
You are not legally required to make a Spanish will simply because you live in Spain or own property here. A foreign will may be formally valid and capable of dealing with Spanish assets. The practical question is whether that document will allow your heirs to prove your wishes and administer the Spanish estate without avoidable delay, translation problems or conflicts between legal systems.
A Spanish notarial will is commonly recommended when a person owns a home, bank account, investment, business interest or other asset in Spain. It may also be appropriate when Spain is your habitual residence, when your family includes children from a previous relationship, when you want to protect an unmarried partner or when you need an express choice of succession law.
Who should consider making a Spanish will?
- Non-resident property owners. A local will can give Spanish notaries, banks and registries a clear document for assets situated in Spain.
- Foreign nationals living in Spain. Your habitual residence may affect which succession law applies unless a valid choice of national law is made.
- People with assets in more than one country. The wills and ownership structures in each jurisdiction must be coordinated as one plan.
- Blended families or unmarried couples. Default inheritance rights may not match your expectations, particularly across different Spanish civil-law regions.
- Parents of minors or vulnerable beneficiaries. A will can contain protective arrangements, substitute beneficiaries and relevant guardianship directions.
- Business owners and investors. Shares, management continuity and beneficiary rights require more than a generic property will.
- Anyone with an old foreign will. A change of residence, nationality, marriage, divorce, property ownership or law may justify a full review.
What happens if you die without a will in Spain?
If there is no valid will, the estate is distributed under the intestacy rules of the law applicable to the succession. Under Spain’s common Civil Code, the general order starts with descendants, then ascendants, the surviving spouse, collateral relatives and ultimately the State. Spain also has regional civil-law systems with their own succession rules, so the result can vary.
Your heirs may need an additional declaration of intestate heirs before they can accept and transfer Spanish assets. This does not mean that every intestate estate becomes a dispute, but it can add procedure, evidence and uncertainty at a time when the family needs a clear route forward.
Which law applies to your inheritance in Spain?
The default rule: habitual residence at the time of death
Article 21 of Regulation (EU) 650/2012 provides that, as a general rule, the succession as a whole is governed by the law of the State where the deceased had their habitual residence at the time of death. Habitual residence is a legal assessment based on the person’s real centre of life; it is not always identical to nationality, tax residence, a residence card or the location of one property.
For a foreign national who becomes habitually resident in Spain, Spanish succession law may therefore apply by default. This can produce an unexpected result when the person assumed that the law of their home country would continue to govern the estate automatically.
Choosing the law of your nationality under Article 22
Article 22 allows a person to choose the law of a State whose nationality they hold when making the choice or at death. The choice should be stated clearly and expressly in a will or another valid disposition upon death. A person with more than one nationality may choose the law of any of those nationalities.
This choice can be especially important for British, Irish, American, Canadian, Dutch, German and other foreign nationals who live in Spain or may move here permanently. It should never be inserted as a standard sentence without reviewing the chosen law, the family structure, earlier wills and the way assets are owned.
Forced heirship and Spain’s different succession systems
Spain does not have one uniform set of succession rules for every case. In addition to the common Civil Code, Aragon, Catalonia, the Balearic Islands, Navarre, the Basque Country and Galicia have their own inheritance legislation. Under the common Civil Code, certain relatives are protected as forced heirs and parts of the estate are reserved for them.
Whether those rules apply to an international estate depends on the applicable succession law. A valid choice of national law may change the analysis, but it does not guarantee that every clause will be effective in every jurisdiction. The will must be drafted around the actual legal system that will govern the succession.
Succession law and inheritance tax are separate
Choosing the law of your nationality determines civil succession questions such as who inherits, reserved shares and the powers of the beneficiaries or executor. It does not allow you to choose a different inheritance tax system. Regulation (EU) 650/2012 expressly excludes tax matters from its scope.
Spanish inheritance tax may still apply because of the residence of the heir, the residence of the deceased or the location of Spanish assets. For tax rates, regional allowances, Form 650 and filing deadlines, see our separate guide to Spanish inheritance tax. Lifetime gifts must also be analysed separately under Spanish gift tax rules.
One international will or a separate Spanish will?
When may one international will be suitable
A single will may work well where one legal system clearly governs the succession, the document is valid in each relevant country and there is no procedural reason to separate the assets. It can reduce the risk of inconsistent clauses, but the heirs may still need an apostille or legalisation, a sworn translation and evidence from the foreign jurisdiction before using it in Spain.
When may a Spanish will limited to Spanish assets help?
A separate Spanish notarial will can make the local document easier to locate and use for Spanish property, bank accounts or investments. It can include the express choice-of-law clause and terminology expected by Spanish notaries and registries.
It may also allow the Spanish part of the estate to progress without waiting for every procedural step in another country, although the administrations may still need to coordinate.
Avoid accidental revocation between wills
The main risk of multiple wills is not the number of documents; it is inconsistent wording. Under the Spanish Civil Code, a later valid will generally revokes an earlier will unless the testator expressly preserves all or part of the earlier document. Foreign wills may contain broad revocation clauses with the same practical effect.
Before signing a Spanish will, we review every existing will, codicil, trust, beneficiary nomination and relevant ownership arrangement. The Spanish will should define its territorial scope and state clearly which earlier documents remain in force
What can a Spanish will include?
Appointment of heirs, legatees and substitute beneficiaries
The will can appoint one or more heirs to the estate and leave specific assets or rights as legacies. Substitute beneficiaries should be included in case a chosen beneficiary dies first, renounces the inheritance or cannot inherit. The drafting must also address how shares pass between branches of the family and what happens if an asset has been sold before death.
Protection for a spouse, partner and children
A will can combine ownership, usufruct and substitution clauses to balance the needs of a surviving spouse or partner with the ultimate rights of children. The best structure depends on the applicable law, the matrimonial property regime, whether the couple is married or registered and whether there are children from earlier relationships.
Unmarried partners should not assume that they will inherit in the same way as a spouse. Rights vary by the applicable law and, within Spain, by the regional civil-law system. An express plan is particularly important where the family home is owned by one partner or in unequal shares.
Appointment of an executor or albacea
Spanish law recognises the role of an albacea, but the office and powers do not always match the common-law concept of an executor. The will should specify whether an executor is needed, who should act, which powers are granted and whether professional support is appropriate. Naming an executor without sufficient powers can create more delay rather than less.
Minors, guardians and vulnerable beneficiaries
Parents can use the will to record relevant guardianship appointments or preferences and to create protective arrangements for assets passing to minors. Where a beneficiary has a disability, dependency or difficulty managing money, the clauses should be designed around current capacity and support law rather than relying on a generic trust expression that may not translate into Spanish law.
Business interests, digital assets and practical instructions
Company shares, shareholder agreements and family-business succession need coordinated clauses. A will can also address digital assets and intellectual property, but access credentials should be kept in a secure separate record that can be updated without changing the will. Funeral wishes and personal messages are often better kept in a separate memorandum so that the legal document remains clear and durable.
How to make a will in Spain step by step
Step 1 - Review your personal and international position
We confirm nationality, habitual residence, civil status, children and dependants, the matrimonial property regime, assets by country and every existing will or estate document.
Step 2 - Identify the law that should govern the succession
We analyse the default rule under Article 21 and whether an express choice under Article 22 is available and appropriate.
Step 3 - Decide the scope of the Spanish will
The document may cover the whole estate or be limited to Spanish assets. The scope is coordinated with foreign wills and beneficiary arrangements.
Step 4 - Draft the operative clauses
We prepare the choice of law, heirs, legacies, substitutes, spouse or partner protection, executor powers and any provisions for minors, businesses or special assets.
Step 5 - Arrange the notarial appointment and language support
The notary, place of signing, identification documents and any interpreter or bilingual requirements are confirmed in advance.
Step 6 - Sign the open will before the notary
The testator appears personally. The notary verifies identity and capacity, reads or presents the document and records the execution in a public instrument.
Step 7 - Keep the plan coordinated and review it when circumstances change
The notary keeps the original in the protocol and reports the will’s existence to the General Register of Last Wills. We recommend reviewing the plan after major family, residence or asset changes.
Information and documents we normally review
- A valid passport or national identity document and, where available, the Spanish NIE
- Nationality or nationalities, current address and expected long-term country of residence
- Marital or registered-partnership status and the relevant matrimonial property regime
- Names, dates of birth and relationship of the intended beneficiaries and substitute beneficiaries
- Details of children, dependants or beneficiaries who may need protective arrangements
- Copies of every existing will, codicil, trust, beneficiary nomination or succession agreement
- A high-level asset map by country, including Spanish property, bank accounts, investments, company shares and significant digital or intellectual-property rights
- Relevant deeds, company documents or ownership agreements where the way an asset is held affects the succession
The final document list depends on the case. We will not ask you to produce unnecessary valuations or tax forms simply to make a standard will.
How a Spanish notarial will work?
The open notarial will is the usual form
The most common form is the open notarial will, or testamento abierto. The testator communicates their wishes to the notary, who prepares the public instrument and checks that the formal requirements are satisfied. The notary retains the original in the notarial protocol, which reduces the risk of the document being lost or destroyed.
The will is signed personally
A will is a strictly personal act. It cannot be executed by a lawyer, relative or attorney under a power of attorney. The testator must express their own wishes and have the required capacity when signing. Legal preparation can be completed in advance, but personal execution before the appropriate authority remains essential.
Language, translation and interpreter arrangements
A foreign testator must understand the document they sign. Article 684 of the Spanish Civil Code provides for an interpreter where the testator expresses their wishes in a language the notary does not know, and the instrument is written in both languages in the circumstances specified by law. We arrange the draft and signing process so that the language record is clear and the client can confirm every clause.
Are witnesses required?
Two witnesses are not normally required for a standard open notarial will. They are required in certain statutory circumstances, including where the testator cannot sign, cannot read the will or where the testator or notary requests their presence. The notary will determine the formalities for the individual signing.
What is registered after signing?
The notary sends notice of the will to the General Register of Last Wills. The Register records that a will exists, the date and the notary who authorised it; it is not a public database of the contents. After death, an eligible person obtains the Certificate of Last Wills and can then request an authorised copy from the notary who holds the latest will.
How much does a will cost in Spain?
There is no single total price for every Spanish will. The notarial deed itself is usually a modest cost under the notarial tariff, while legal fees depend on the analysis required. A straightforward Spanish-assets will is different from a cross-border plan involving several nationalities, companies, a blended family or conflicting existing documents.
Before work begins, we explain the scope and provide a fee proposal. Translation, interpreter or foreign-law advice may be separate where required. The purpose of legal review is not to make the document longer; it is to prevent a short but badly coordinated will from creating a costly problem later.
When should you update your will?
- Marriage, divorce, separation or a new long-term partnership.
- Birth, adoption or death of a child, beneficiary, guardian or executor.
- A move to or from Spain, or a change in habitual residence or nationality.
- Purchase or sale of a Spanish property or a major change in the location of assets.
- Creation, sale or restructuring of a company or family business.
- A major change in the health or capacity of a beneficiary.
- A new will, trust or beneficiary nomination made in another country.
- A material change in succession, family, tax or property law.
Common mistakes with Spanish and international wills
- Using a generic online template. It may omit the Article 22 choice, use the wrong legal concepts or conflict with Spanish notarial practice.
- Assuming nationality automatically governs the estate. Habitual residence is the default under the EU Succession Regulation unless a valid choice is made.
- Signing a second will without reviewing the first. A broad revocation clause can cancel part or all of an existing foreign will.
- Treating the will as a tax election. Succession law and inheritance tax are separate. A choice-of-law clause does not choose the tax regime.
- Listing every asset too rigidly. The will can fail to deal cleanly with replacement assets, changed account numbers or a sold property.
- Ignoring joint ownership or the matrimonial property regime. The will can only dispose of what belongs to the testator after ownership and matrimonial rights are determined.
- Assuming an unmarried partner has spouse rights. The result varies by applicable law and regional rules; express planning is essential.
- Not updating after a move or family change. The document may remain technically valid while producing an outcome the testator no longer wants.
Our will and succession law services
Cross-border will review
We review your residence, nationality, family structure, asset map and existing wills before recommending a document. The objective is to identify the governing law, the most practical territorial scope and any clause that could conflict across jurisdictions.
Drafting a Spanish notarial will
We prepare a clear draft with the appropriate choice of law, heirs, legacies, substitutions, executor provisions and family protections. We coordinate the legal wording with the notary and explain the document in plain English before signing.
Coordination with foreign lawyers and documents
Where another country is involved, we work with the client’s foreign lawyer or obtain targeted foreign-law input. We make sure the Spanish will preserves the documents that should remain in force and does not create conflicting administrations or beneficiary rights.
Notarial signing and language support
We organise the notarial appointment, provide the required information, review the final deed and arrange interpreter or bilingual support where needed. The testator signs personally, with every clause confirmed before execution.
Amendments, revocation and contested wills
We update or replace existing wills when family, residence or ownership changes. If a dispute arises over capacity, interpretation, forced-heir rights or conflicting documents, our civil-law team can assess negotiation, notarial and court options separately from the drafting service.
Why choose Pellicer & Heredia for a Spanish will?
Pellicer & Heredia has advised international clients in Spain for more than 20 years. Our multilingual team combines Spanish civil, property, family and international succession experience, which is essential when the estate includes a home in Spain, beneficiaries abroad or documents made under another legal system.
Your will is reviewed as part of the wider legal position, without turning the page into a generic tax guide. When a separate inheritance tax, gift tax or international tax analysis is needed, we coordinate with the relevant Pellicer & Heredia specialist so that the civil-law document and the tax plan do not contradict each other.
Frequently Asked Questions
Is a Spanish will compulsory if I own property in Spain?
No. Spanish law does not require every foreign property owner to make a Spanish will. A valid foreign will may cover the property, but your heirs may need an apostille or legalisation, a sworn translation and evidence of the foreign law before they can use it in Spain. A coordinated Spanish notarial will is often recommended because it is easy to locate, uses Spanish legal terminology and can deal directly with assets in Spain.
Can a foreigner make a will in Spain?
Yes. A foreign national may make a will before a Spanish notary, whether they are resident or non-resident. The notary will verify identity, capacity and the formal requirements for the signing. The legal review should also establish the testator’s nationality, habitual residence, family circumstances, existing foreign wills and whether an express choice of national succession law should be included under Article 22 of Regulation (EU) 650/2012.
Can I make a Spanish will without travelling to Spain?
Much of the legal review and drafting can be completed remotely, but a Spanish notarial will is a personal act and normally requires the testator to sign before the competent notary or authority. A lawyer cannot sign the will under a power of attorney. In some cases, a will made abroad may be the better solution, but its form, scope and future use in Spain must be reviewed before it is signed.
Can my lawyer sign my will under a power of attorney?
No. Article 670 of the Spanish Civil Code treats a will as a strictly personal act. You may instruct lawyers to review your position, prepare a draft and coordinate the notary, but another person cannot decide or sign the testamentary dispositions on your behalf. A power of attorney can be useful during life for property or financial matters, but it is not a substitute for a will and normally ceases to operate on death.
Can a Spanish will be written in English?
The testator must understand the will and confirm that it reflects their wishes. Spanish law provides language safeguards for foreign testators, including bilingual drafting or an interpreter where required. Article 684 of the Spanish Civil Code regulates the situation in which the testator uses a language the notary does not know. The exact format should be agreed with the notary in advance so that the language used and the translation are correctly recorded.
Do I need witnesses to make a will in Spain?
Usually not for a standard open notarial will. Two suitable witnesses are required only in specific situations, such as when the testator cannot sign, cannot read the will or when the testator or notary requests them. Other exceptional forms of will have different requirements. The notary decides which formalities apply to the individual signing and will arrange them before the will is executed.
How much does it cost to make a Spanish will?
The total depends on the complexity of the legal review. The notarial deed is generally a modest part of the cost, while lawyer fees vary according to whether the will is straightforward or involves several countries, previous wills, companies, a blended family, foreign-law advice or translation. Pellicer & Heredia confirms the scope and fee before drafting. A low-cost template is not a saving if it revokes another will or applies the wrong succession law.
Is a UK or other foreign will valid in Spain?
A foreign will can be formally valid and recognised in Spain if it satisfies the relevant conflict-of-law rules. In practice, Spanish authorities may require an authorised or certified copy, apostille or legalisation, a sworn translation and evidence about the foreign law or probate process. Formal validity is therefore different from ease of administration. A Spanish will is not always mandatory, but it can simplify the proof and transfer of Spanish assets.
Does an English will cover Spanish property?
It may do so if the will is valid, its wording covers the Spanish property and the applicable succession law gives effect to the disposition. The heirs may still face additional evidence, translation and foreign-procedure requirements in Spain. The English will must also be checked against Regulation (EU) 650/2012, the deceased’s habitual residence, any choice of law and the way the property is owned. Never assume that a general worldwide-assets clause resolves every Spanish issue.
Do I need two wills if I have assets in Spain and another country?
Not necessarily. One international will may be sufficient in some estates. In others, a Spanish will limited to Spanish assets and a separate foreign will can make administration more efficient. The documents must be drafted together: each should define its scope, preserve the other where intended and avoid contradictory executors, beneficiaries or revocation clauses. The correct answer depends on the countries, asset types, residence and family circumstances involved.
Does a Spanish will override my foreign will?
It can, depending on the wording and the law governing revocation. Under Article 739 of the Spanish Civil Code, a later valid will generally revokes an earlier will unless the later document states that the earlier one remains in force in whole or in part. Foreign wills may also contain broad revocation language. This is why every existing will must be reviewed before a Spanish will is signed and the territorial scope must be stated expressly.
Which country’s law applies to my inheritance if I live in Spain?
The general rule in Article 21 of Regulation (EU) 650/2012 is that the law of the country where the deceased had their habitual residence at death governs the succession as a whole. Habitual residence is based on the person’s real centre of life and may not be the same as nationality or tax residence. A foreign national can often change the default result by making an express choice of the law of their nationality under Article 22.
Can I choose the law of my nationality in a Spanish will?
Yes, where Article 22 of Regulation (EU) 650/2012 applies. You may choose the law of a State whose nationality you hold when making the choice or at death. If you have several nationalities, you may choose any one of them. The choice should be clear and express in the will. Before using the clause, a lawyer should confirm how the chosen law deals with reserved shares, spouses, children, executors and territorial legal systems.
Does choosing my national law reduce Spanish inheritance tax?
No. A choice of succession law determines civil questions such as who inherits and in what shares. It does not choose the inheritance tax regime. Regulation (EU) 650/2012 excludes tax matters. Spanish inheritance tax can still arise because of the residence of the deceased or heir and the location of assets. Rates, regional allowances and Form 650 should be reviewed separately on the Spanish inheritance tax page or with a tax adviser.
Can I leave everything to my spouse or partner?
It depends on the law governing the succession and on the rights of protected heirs. Under Spain’s common Civil Code, children, descendants and other relatives may have reserved rights in defined circumstances. A valid choice of national law may produce a different result, but the clause must be legally effective and coordinated with the matrimonial property regime. Unmarried partners should obtain specific advice because they do not automatically receive the same rights as a spouse.
Is a Spanish will registered?
After an open will is signed, the notary sends notice to the General Register of Last Wills. The Register records the existence and date of the will and the notary who authorised it; it does not publish the contents. The original remains in the notarial protocol. This system allows eligible heirs to identify the latest registered will after death, even if they do not have the testator’s copy.
How can heirs obtain a copy of a Spanish will?
After death, an eligible person normally obtains the death certificate and the Certificate of Last Wills. The Ministry of Justice states that the certificate application cannot be filed until 15 working days have passed from the date of death. The certificate identifies the latest will and the notary who holds it. A person with a legitimate interest can then request an authorised copy from that notary or the notary who now holds the protocol.
Is a will read publicly in Spain?
No. Spain does not generally use a public “reading of the will” ceremony. The relevant heirs or interested persons obtain the Certificate of Last Wills and request the authorised copy from the notary. The estate is then administered through the applicable notarial, registry, banking and tax procedures. The content is disclosed to people who have the legal right to obtain it, not announced at a family meeting.
Can I change or revoke my Spanish will?
Yes. Testamentary dispositions are revocable. The usual method is to sign a new will that replaces or amends the earlier document. The new wording must be coordinated with any foreign will because a general revocation clause can have unintended international effects. A review is advisable after marriage, divorce, a move between countries, a property purchase or sale, the birth or death of a beneficiary or a major legal change.
What happens to my Spanish assets if I die without a will?
The assets pass under the intestacy rules of the succession law that applies. Under Spain’s common Civil Code, the general order starts with descendants, then ascendants, the surviving spouse, collateral relatives and the State, but regional systems can differ. The family may need a declaration of intestate heirs before accepting and transferring the assets. Spanish inheritance tax and registration requirements still apply even though there is no will.
How often should I review an international will?
Review it after any major change in residence, nationality, family, ownership or business circumstances. A periodic review is also sensible because an old will may remain valid while no longer producing the intended outcome. The review should cover the applicable-law clause, beneficiaries, executors, Spanish property, foreign wills, trusts, beneficiary nominations and marital-property arrangements. A review does not always require a new will, but it confirms that the documents still work together.
Make your wishes clear before they become an international legal problem
Tell us where you live, which nationalities you hold, what you own in Spain and whether you already have a will. We will explain the safest way to coordinate your estate and guide you through the Spanish notarial process.