Do You Need a Spanish Will? Advice for UK Property Owners

Under Spanish law, when a property owner dies, the heirs must prove their right to inherit before they can sell, rent, or even transfer utilities on the property. If only a UK will exists, the process involves:

1. Obtaining a UK Grant of Probate — which itself can take several months
2. Apostilling the Grant of Probate with the Hague Apostille to make it valid internationally
3. Sworn translation of the will and grant into Spanish by an official translator
4. Presenting all documents to a Spanish notary, who must verify the foreign will's validity under Spanish procedural rules
5. Registering the inheritance at the Land Registry once the notary is satisfied

This process routinely takes 12–18 months and can cost €3,000–€8,000 in legal and translation fees. During that time, the property cannot be sold or transferred, community fees continue to accrue, and your family faces significant stress at an already difficult time.

By contrast, a Spanish will is already registered in Spain's Central Wills Registry (Registro General de Actos de Última Voluntad). When the time comes, a Spanish lawyer can obtain a certificate of last will, present it to the notary, and execute the inheritance deed — often within 4–8 weeks.

Making a Spanish will is straightforward and can usually be completed in a single appointment. Here is the process:

1. Instruct a bilingual Spanish lawyer — Your property lawyer can draft the will for you, or you can use any qualified abogado. The lawyer prepares the text in Spanish (and usually provides an English translation for your records).
2. Attend a Spanish notary — You sign the will in the presence of a notary (notario). If you do not speak Spanish fluently, an official interpreter must be present (your lawyer can arrange this). The notary verifies your identity and mental capacity.
3. The notary registers the will — After signing, the notary sends a record of the will to the Registro General de Actos de Última Voluntad in Madrid. The will itself is stored securely at the notary's office.

Typical costs:

• Lawyer's drafting fee: €100–€150
• Notary fee: €40–€60
• Interpreter (if needed): €50–€100

The entire process — from first instruction to signed, registered will — usually takes 1–2 weeks. If you are already in Spain for your property purchase, it is well worth scheduling the will signing during the same trip.

You do not need a NIE number to make a Spanish will, though you will need your passport. If you already have a NIE (which you will if you own property), include it in the will for clarity.

A Spanish will covering your property assets should include the following elements:

• Your full legal name, passport number, and NIE (if you have one)
• A statement of nationality — critical for determining which succession law applies (see below)
• A declaration that the will covers Spanish assets only — this prevents it from accidentally revoking your UK will
• An explicit choice of law clause — under EU Regulation 650/2012 (the Brussels IV Regulation), you can elect for the law of your nationality (i.e., English or Scots law) to govern the succession of your Spanish assets, rather than Spanish law
• Identification of the Spanish property — including the full land registry reference (referencia catastral) and address
• Your chosen beneficiaries — who inherits the property, in what shares, and any conditions
• Appointment of an executor — optional under Spanish law but advisable for UK owners
• Spanish bank accounts and other Spanish assets — if you hold a Spanish bank account (which most property owners do), include it in the Spanish will

The choice of law clause is arguably the most important element. Without it, Spanish succession law applies by default, which includes forced heirship rules (legítima) that reserve two-thirds of your estate for your children and surviving spouse. By electing English law, you have full testamentary freedom to leave your Spanish property to whomever you wish.

Understanding the differences between Spanish and English succession law is essential when planning your Spanish will:

Feature	Spanish Law (Código Civil)	English Law
Testamentary freedom	Restricted — forced heirship rules apply	Complete — leave assets to anyone
Forced heirs (herederos forzosos)	Children receive two-thirds; surviving spouse has usufruct rights	No forced heirs (though dependants can claim under the Inheritance Act 1975)
Surviving spouse rights	Usufruct over one-third of the estate (lifetime right to use, not own)	Can inherit everything if the will says so
Joint wills	Not permitted — each spouse must make a separate will	Mirror wills are common
Probate requirement	No formal probate — notary executes the inheritance deed	Grant of Probate required

For most UK buyers, electing English law through the Brussels IV Regulation is the preferred approach. It avoids forced heirship, gives you complete control over who inherits, and simplifies the process for your family. Your lawyer will include the appropriate clause in the will.

Scottish law has its own forced heirship provisions (legal rights), so buyers from Scotland should take specific advice on whether electing Scots law or Spanish law produces a better outcome for their family situation.

The golden rule when making a Spanish will is: do not accidentally revoke your UK will. This happens more often than you might think. If a Spanish will contains a general revocation clause (e.g., "I revoke all previous wills"), it could invalidate your UK will, leaving your UK assets intestate.

To avoid this, your Spanish will should contain a limiting clause that states it applies only to assets located in Spain. Similarly, if you update your UK will after making a Spanish one, ensure the UK will explicitly states it does not apply to your Spanish assets.

Best practice:

• Make a Spanish will that covers only Spanish assets (property, bank accounts, vehicles registered in Spain)
• Update your UK will to expressly exclude Spanish assets and reference the existence of your Spanish will
• Keep copies of both wills in a safe place and ensure your family members know where to find them
• Review both wills every 3–5 years or whenever your circumstances change (marriage, divorce, birth of children, sale of the property)

Your Spanish lawyer and your UK solicitor should communicate with each other to ensure both documents work together. This coordination costs nothing extra and prevents potentially catastrophic gaps in your estate planning.

Making a Spanish will does not change the tax your heirs will pay — it simply makes the process of inheritance faster and cheaper. However, you should understand the tax landscape:

• Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones) applies to all assets located in Spain, regardless of where the heirs live. In Andalucía, close relatives (spouse, children, parents) benefit from a 99% reduction on the first €1,000,000 per heir, meaning most family inheritances attract minimal or zero Spanish inheritance tax.
• UK inheritance tax (IHT) applies to the worldwide assets of anyone domiciled in the UK. Your Spanish property will form part of your estate for UK IHT purposes. The current nil-rate band is £325,000 (plus £175,000 residence nil-rate band if the property passes to direct descendants).
• Double taxation relief — The UK-Spain Double Taxation Treaty covers inheritance tax. Any Spanish tax paid can be credited against UK IHT, so your heirs should not pay tax twice on the same assets.

For a detailed breakdown of inheritance tax planning, see our guide to Spanish inheritance tax for UK buyers. The key point for this article is that a Spanish will makes the inheritance tax payment process much smoother — the Andalucían tax office is far more cooperative when processing a Spanish will than a translated foreign one.

Your heirs have six months from the date of death to file the Spanish inheritance tax return (with a possible six-month extension if requested within the first five months). Missing this deadline results in surcharges of 5–20%.

Over the years, the following mistakes have caused the most problems for UK families inheriting Spanish property:

• Not making a Spanish will at all — This is by far the most common error. Even if your UK will mentions Spanish property, the enforcement process is slow and expensive. A Spanish will costs under €200 and takes an afternoon.
• Using a generic revocation clause — As noted above, a blanket "I revoke all previous wills" in your Spanish will can invalidate your UK will. Always use a clause limiting the Spanish will to Spanish assets.
• Forgetting the choice of law clause — Without it, Spanish forced heirship rules apply by default. If you want English testamentary freedom, the clause must be explicitly included.
• Not updating after life changes — Divorce, remarriage, birth of children, or sale and purchase of different Spanish property all require will updates. An outdated will can lead to unintended beneficiaries or missing assets.
• Joint ownership confusion — If you own property jointly with your spouse, each of you needs a separate Spanish will covering your respective share. Spain does not recognise joint tenancy with right of survivorship in the way English law does.
• Forgetting the Spanish bank account — If your will only mentions the property but you also hold a Spanish bank account, that account may fall outside the will's scope, leading to intestacy for that asset.

All of these mistakes are easily avoided with competent legal advice. A good bilingual lawyer will flag every one of these issues as part of drafting your will.