Spanish Wills: Why UK Property Owners Need a Separate Will in Spain

If you own property in Spain, you need a Spanish will. This is one of the simplest and most important pieces of advice for UK buyers, yet a surprising number of people either do not know this or put it off indefinitely. The consequences of not having a Spanish will can be severe: your surviving family may face months or years of legal complications, significant costs, and potentially outcomes you never intended.

This guide explains exactly why a UK will is not sufficient on its own, how Spanish inheritance law differs from English law, and the practical steps to make a Spanish will that protects your property and your family.

Why a UK Will Is Not Enough

Technically, a UK will can cover Spanish assets. There is no law that says you must have a Spanish will. But in practice, relying solely on a UK will creates serious problems:

The Translation and Validation Problem

When you die, your heirs need to deal with a Spanish notary and the Spanish Land Registry to transfer the property. If your will is in English and drafted under English law, the following must happen:

1. The original will must be obtained from the UK Probate Registry
2. A sworn translation (traduccion jurada) into Spanish must be produced by an officially accredited translator
3. The will must be apostilled with a Hague Apostille to certify it is a genuine legal document
4. A Spanish lawyer must present the translated, apostilled will to a Spanish notary and argue that it is valid under the applicable law
5. The notary must be satisfied that the will covers the Spanish property and that the disposition is lawful

This process typically takes 6 to 18 months and costs EUR 1,000 to EUR 3,000 or more in translation, legal, and notarial fees. During this time, the property is in limbo: it cannot be sold, the bank accounts may be frozen, and someone still needs to pay the community fees, IBI, and utilities.

The Forced Heirship Risk

Spanish law includes forced heirship rules (the "legitima") that reserve portions of your estate for certain family members, primarily your children and surviving spouse. Under these rules, you cannot freely leave your entire estate to whomever you choose.

If your UK will leaves everything to your spouse and disinherits your children from a previous marriage, Spanish forced heirship rules could override your wishes. Your children could claim their legally reserved share of the Spanish property, potentially forcing a sale.

There is a solution to this (the EU Succession Regulation, discussed below), but it must be explicitly stated in your will. If your UK will does not contain this election, you are exposed to the risk.

The Revocation Risk

If you make a Spanish will that does not explicitly limit itself to Spanish assets, it could be interpreted as revoking your UK will entirely. Equally, if you later update your UK will without carefully wording it, you could accidentally revoke your Spanish will. Having two properly coordinated wills, each limited to the assets in its jurisdiction, avoids this problem.

Understanding Spanish Forced Heirship

Spanish succession law divides your estate into three parts:

Portion	Name	Who Gets It
One-third	Legitima estricta	Must be divided equally among all children
One-third	Mejora	Must go to children, but can be divided unequally (e.g., more to one child than another)
One-third	Libre disposicion	Free disposal: you can leave this to anyone

The surviving spouse does not inherit outright under Spanish law. Instead, they receive a usufruct (right to use and enjoy) over one-third of the estate, depending on the circumstances. They do not gain ownership of the property itself.

If you have no children, the forced heirship rules are less restrictive: your parents may have rights, but if they are also deceased, you have full freedom to dispose of your estate.

The EU Succession Regulation: Your Escape Route

EU Regulation 650/2012, commonly known as "Brussels IV," allows any person to elect that the law of their nationality shall govern the succession of their entire estate, regardless of where the assets are located.

As a British national, you can elect that English law (or Scots law, if applicable) governs your Spanish property. Since English law gives you complete testamentary freedom, you can leave your Spanish property to whoever you wish, with no forced heirship restrictions.

Critical points about this election:

• It must be explicitly stated in your will. There is no automatic application
• The wording matters. A typical clause reads: "I elect that the law of England and Wales shall apply to the succession of all my assets, in accordance with EU Regulation 650/2012"
• Post-Brexit, there has been some academic debate about whether UK nationals can still rely on Brussels IV, since the UK is no longer an EU member state. However, in practice, Spanish notaries and courts have continued to accept this election from UK nationals. The regulation refers to the law of the testator's nationality, and UK nationality has not changed
• To be safe, use a Spanish lawyer who is experienced with cross-border succession to draft the clause

How to Make a Spanish Will

The process is straightforward and can usually be completed in a single appointment:

Step 1: Instruct a Spanish Lawyer

Choose a Spanish abogado (lawyer) who specialises in cross-border matters and speaks English. Many conveyancing lawyers on the Costa del Sol offer will-drafting as part of their service, or as a standalone service. Your lawyer will discuss your wishes, family circumstances, and the best way to structure the will.

Step 2: Drafting

The lawyer drafts the will in Spanish (with an English translation for your reference). The will should:

• State that it covers ONLY your assets in Spain
• Include the Brussels IV election for English law (if desired)
• Name your heirs and the specific assets they receive
• Appoint an executor (albacea), ideally someone based in Spain or with access to a Spanish lawyer
• Include your NIE number, passport number, and Spanish address

Step 3: Signing Before a Notary

You sign the will before a Spanish notary (notario). The notary verifies your identity, confirms you understand the contents (using an interpreter if needed), and registers the will with the Registro General de Actos de Ultima Voluntad, Spain's central wills registry. This registration does not reveal the contents of the will; it simply records that a will exists and where it is held.

Your spouse or partner should make their own will at the same appointment. Joint or mutual wills (as used in England) are not recognised in Spain.

Step 4: Update Your UK Will

After making your Spanish will, update your UK will to expressly exclude Spanish assets. The wording should say something like: "This will applies to all my assets worldwide EXCEPT those situated in Spain, which are dealt with by my Spanish will." This prevents either will from accidentally revoking the other.

Cost of Making a Spanish Will

A Spanish will is one of the most affordable pieces of legal protection you can buy:

• Lawyer's fee for drafting: EUR 150 to EUR 300
• Notary fee for signing and registration: EUR 50 to EUR 100
• Total: EUR 200 to EUR 400 per person

Some conveyancing lawyers include a basic will as part of the property purchase package at no extra charge. Ask when instructing your lawyer for the property purchase.

When to Update Your Spanish Will

Review and update your Spanish will when any of the following occur:

• Marriage, divorce, or separation
• Birth or adoption of a child
• Death of a named beneficiary or executor
• Purchase of additional property in Spain
• Sale of the property covered by the will
• Significant change in the value of your Spanish assets
• Change in your wishes regarding who should inherit
• Change in Spanish or UK law that affects succession

Updating a will involves the same process as making a new one: your lawyer drafts the new will, you sign before a notary, and it replaces the previous version. The cost is the same as making the original will.

What Happens If You Die Without a Spanish Will

If you die without a Spanish will (dying "intestate" in relation to your Spanish assets), the following chain of events unfolds:

1. Your UK will must be located, translated, apostilled, and validated in Spain. If you have no UK will either, Spanish intestacy rules apply, which follow the forced heirship structure and may not reflect your wishes at all
2. Your heirs must obtain a certificate from the Spanish wills registry confirming no Spanish will exists. This takes several weeks
3. A declaration of heirs must be made before a Spanish notary or court, which requires all potential heirs to be identified and notified
4. Spanish inheritance tax must be filed within 6 months of the death. An extension of 6 months is possible but not automatic and must be requested within 5 months. Missing the deadline incurs penalties
5. Spanish bank accounts are frozen until succession is resolved. If community fees and IBI are paid by direct debit from these accounts, payments will bounce and debts will accrue
6. The property cannot be sold or mortgaged until the succession is complete and the new owners are registered in the Land Registry

The entire process without a Spanish will typically takes 12 to 24 months and costs EUR 3,000 to EUR 10,000 in legal and administrative fees. With a Spanish will, it can be resolved in 3 to 6 months and costs significantly less.

Common Mistakes to Avoid

• Making your Spanish will too broad: It should only cover Spanish assets. If it purports to cover worldwide assets, it may revoke your UK will
• Forgetting to update your UK will: Your UK will must exclude Spanish assets to avoid conflict
• Not including the Brussels IV election: Without this, forced heirship rules may apply by default
• Appointing a UK-only executor: Your executor needs to be able to act in Spain. Appointing a Spanish lawyer as executor, or at least as a substitute, makes the process far smoother
• Not telling your family the will exists: Your heirs need to know that a Spanish will exists and where to find it. The central wills registry records its existence, but your family needs to know to check

Next Steps

1. If you already own property in Spain and do not have a Spanish will, make this a priority. It is a EUR 200 to EUR 400 investment that could save your family thousands and months of stress
2. If you are in the process of buying, ask your conveyancing lawyer to prepare a Spanish will as part of the purchase
3. Read our related guide on inheritance law in Spain for the full picture on succession tax and planning
4. Join the MUNDO Buyer Club to get connected with English-speaking Spanish lawyers who specialise in cross-border estate planning