Will and testament lawyers in Spain

Specialist Spanish solicitor for international wills and estate planning

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.

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Make or update your last will with Pellicer & Heredia

Our will lawyers in Spain provide clear, multilingual guidance for expats and residents. Prepare, modify or defend your last will with confidence.
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Why you need a will in Spain?

The importance of making a will

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.

What happens if you pass away without a will?

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.

Key differences between Spanish and foreign wills

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.

Common problems faced by heirs without a will

  • The lack of a will often causes multiple problems:
  • Conflicts between family members over the distribution of assets.
  • Delays in the allocation of the inheritance due to the additional procedures required for intestate succession.
  • Potentially higher tax burdens due to a lack of estate planning.
  • Difficulty in recognizing the rights of heirs abroad when no valid document has been left in Spain.

Costs and legal requirements for wills in Spain

Documents needed to prepare

  • Valid national identity card or passport.
  • Marriage or birth certificate in certain cases.
  • Deeds or documentation of relevant real estate and property.
  • Details of the heirs (full name, relationship, and sometimes their tax identification number).
  • The notary is responsible for drafting the will in accordance with the testator’s wishes and Spanish law.

Tax and legal implications

  • Respect for the legitimate portion of the inheritance, i.e., the minimum portion of the inheritance that corresponds by law to the compulsory heirs, is guaranteed.
  • It avoids possible nullities or conflicts due to contradictions with Spanish legislation.
  • It allows inheritance to be planned according to tax criteria, optimizing regional allowances and reductions so that heirs pay less tax.
  • Legal planning with our inheritance lawyers ensures all these benefits are applied correctly.

How much does a will and testament cost in Spain?

  • The price usually ranges between 40€ and 80€ at a notary’s office, depending on the length and complexity.
  • Legal fees may be added to this cost if a specialized lawyer is hired to plan the inheritance, which is recommended in cases involving assets in several countries, family businesses, or non-resident situations.
  • An up-to-date will can save heirs thousands of euros in paperwork, taxes, and legal disputes.

Our services in wills and testaments for expats and residents

Will preparation and notarisation

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.

Changing or updating your will

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.

International wills and cross-border succession

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.

Disputed wills and inheritance claims

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.

FAQs about last wills and testament in Spain

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.