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Planning your estate when you own assets in Spain or abroad can be complex, but our specialist Spanish solicitors make it simple. We combine expertise in international wills and cross-border estate planning to protect your family and wealth. With tailored legal solutions, you avoid double taxation, reduce risks, and ensure your heirs receive what you intend.
Making a will in Spain allows you to make your last wishes clear and ensures that your assets are distributed according to your wishes. It also simplifies the process for your heirs, avoiding family conflicts and lengthy legal proceedings. For these sensitive matters, working with specialist lawyers helps to guarantee that your inheritance is planned efficiently. It also offers the opportunity to plan your inheritance in a tax-efficient manner, taking advantage of reductions and allowances that depend on the autonomous community.
If a person dies without a will, what is known as intestate succession begins. In this case, the law establishes a strict order of heirs: children, parents, spouse, siblings, and, ultimately, the state. This procedure is usually longer, more complex, and more expensive, as it involves additional formalities such as the declaration of intestate heirs before a notary or judge. In addition, it can lead to disputes between family members.
An essential aspect for residents and non-residents in Spain is that wills made abroad may not be fully valid in Spain without a process of recognition and legalization. The Spanish system, based on the Civil Code and regional regulations, introduces its own concepts, such as the legitimate portion, which requires that a portion of the inheritance be reserved for certain compulsory heirs (children or spouse). This contrasts with the legislation of other countries, such as the United Kingdom, where there is greater freedom to decide the destination of assets.
We assist with drafting and notarising your will in Spain, ensuring your wishes are legally binding, clear, and compliant with Spanish inheritance laws for your family’s peace of mind.
Our expert solicitors assist with drafting and notarising your will in Spain, ensuring your wishes are legally binding, clear, and compliant with Spanish inheritance laws for your family’s peace of mind.
We provide expert advice on international wills and cross-border succession, ensuring recognition in Spain and abroad, and protecting heirs from legal conflicts or double taxation on inherited assets.
We represent clients in contested wills and inheritance claims, offering negotiation, mediation, and litigation services to defend your rights and secure a fair resolution for all parties involved.
Once the executor has accepted the position, theyt must review the whole scenario and obtain the following non-exhaustive documents:
Depending on the circumstances of each case, the executor will need the keys to the house, drawers, safe deposit boxes, etc, to prevent any possessions that may be found there from disappearing.
We will also ask you to locate the public deeds of ownership of the various assets, as well as determining whether there are items of value such as jewelry, collectibles or furniture and, depending on the powers available to the accountant, to take precautionary measures, or to urge that such measures be taken by those concerned.
Other possible assets, contracts pending fulfilment, or debts that may arise at any time (guarantees, loans, etc…) will be investigated. If the deceased, as is often the case, had a mortgage or personal loan, you should ask the bank for a certificate of the outstanding balance at the time of death.
In some case, the executor will instruct banks not to charge certain bills and, where appropriate, to terminate supplies and services, as well as to respond to options that may often arise during the period of indivision (cashing in the dividend into new shares or cash, using a liquidity window, liquidating part of some of the funds, etc…).
In addition, all invoices and receipts for the expenses incurred in preparing the partition must be properly preserved, to claim their due reimbursement, as well as all fees accruing to the professionals involved in the partition of the inheritance.
At Pellicer & Heredia, we offer to our clients the possibility of being executors of their Wills and carry out the instructions that they have entrusted to us in detail.
Yes. Foreigners can make a will in Spain to cover their assets located within the country. This ensures clarity, avoids complex cross-border procedures, and aligns with Spanish succession law.
A Spanish will is valid abroad if it meets international private law requirements. However, recognition may involve additional steps such as translations, legalisation, or applying the Hague Apostille.
In most cases, having two wills—one in Spain and another in your home country—is advisable. Each should be carefully drafted to avoid contradictions and ensure worldwide validity.
Yes. A will can be revoked at any time by making a new one before a notary. The most recent valid will always prevails over earlier versions.
Yes. Once signed before a notary, the will is automatically registered in the Spanish General Registry of Wills. This ensures its existence can be verified when needed.
After a person’s death, heirs can request a “last will certificate” from the Registry of Wills. With this certificate, a notary can provide an authorised copy of the will.
There is no public reading of wills in Spain, unlike in some countries. Instead, once the death certificate is issued, heirs can request the will and proceed with inheritance procedures.
