Do you need a Spanish will? A practical guide for expats

Many expats already have a will in their home country and wonder whether they need another one in Spain. In most cases, having a Spanish will for your Spanish assets makes things much faster and cheaper for your family. Here’s why.

Which country’s law applies to your inheritance?

Since 2015, the EU Succession Regulation (650/2012) decides which law governs an inheritance. By default, it’s the law of the country where you were habitually resident when you died. If you live in Spain, Spanish law could therefore apply to your whole estate, including its rules on forced heirship (legítima), which reserve part of the estate for your children.

The regulation also lets you choose the law of your nationality in your will. A British, Dutch or German national living in Murcia can, for example, choose their national law to govern their succession. Spain applies this choice even if your country isn’t part of the regulation, which is relevant for British and other non-EU nationals.

Why a Spanish will helps

• Speed: Spanish notaries and banks work much faster with a Spanish will than with a foreign one, which usually needs to be translated, legalised and sometimes accompanied by a legal opinion on foreign law.

• Cost: fewer translations, fewer legal opinions and fewer delays for your heirs.

• Clarity: you can state the chosen law and deal specifically with your Spanish property and accounts.

Many people keep one will for their home country and one for Spain, drafted so that they don’t cancel each other out. That coordination is important, so tell both lawyers about the other will.

How it’s done

A Spanish will is usually made before a notary (testamento abierto). You’ll need your passport and NIE, and if you don’t speak Spanish, the notary will require an interpreter or a bilingual version. The will is recorded in the Spanish central register of wills, so your heirs can find it.

What happens without a will

If you die without a will, the law that applies decides who inherits, and your family will need to go through a declaration of heirs before they can access accounts or sell a property. With family in different countries, this can take many months.

Wills, insurance and funeral planning

A will says who inherits. It doesn’t give your family money on the day they need it. Life insurance pays directly to the beneficiaries you name, and funeral insurance with repatriation cover takes care of arrangements and costs at a very difficult time. See our guide to what happens if an expat dies in Spain and our funeral insurance.

This article is general information, not legal advice. Always ask a lawyer or notary to draft your will.

How we can help

We don’t draft wills, but we help expat families put the rest of the plan in place: life insurance, funeral cover and savings that pass smoothly to their heirs. Visit us in central Murcia or talk to us by WhatsApp or video call in English.

Complete your plan

Contact us and we’ll review your life and funeral insurance alongside your will.