In the UK it is estimated that 27m adults do not have a will and, in general, it is not a topic that excites much interest among ordinary (i.e. not rich) people. Moving to Spain can complicate things and wills are quite a big topic among the foreigners who take up residence in Spain. This article seeks to explain why and sets out some of the basic facts.

Click to go directly to a question that interests you:

What’s the big deal with Spanish wills?

Should everyone have a Spanish will?

What if I only have a few assets in Spain?

Can a foreign will be used to pass on Spanish assets?

What if there is no will in either country?

What is the Spanish Law of Obligatory Heirs?

Can I make a Spanish and a British will?

How do I know if my Spanish will is valid?

What about inheritance tax?

How much? Our services

What’s the big deal with Spanish wills?

Why should wills be such a hot topic just because you have moved to Spain? To answer this you should perhaps consider why wills are not such a big deal back home. In the UK for example, most people do not have one even though many of them will own a house and have at least some other assets. The relaxed attitude probably stems from two features of the system:

- the law has quite clear rules about who inherits what in the absence of a will and this is generally in line with what most people want. Most estates pass straight to the surviving spouse or, if there isn’t one, the children.

- since dying intestate is common, dealing with a simple estate in these circumstances is fairly straightforward and the lack of a will should not cause undue delay or expense.

I do not want to play down the importance of having a will in the UK. This government website discusses some the advantages:

Direct Giv guide: Financial reasons to get a will (UK)

However turning to Spain, there are whole new layers of complexity that make proper wills and inheritance planning essential. For example the Spanish rules when someone dies intestate are quite different and the administrative burden of dying intestate is much greater.

Also there is the inherent problem of having two legal systems involved and potentially assets in two countries. Throw in the language barrier and radically different inheritance tax regimes and you can see why wills are important for foreigners in Spain.

Should everyone have a Spanish will?

The answer depends what assets you have and where they are. If you have any assets at all in Spain you probably should look into getting a Spanish will to make sure they are disposed of according to your wishes when you die. If all your assets are back in your home country and you already have a will covering them then that is more than likely all you need. For those with assets in both countries having two wills is probably the answer, but care must be taken with this approach (see below).

What if I only have a few assets in Spain?

Depends what you mean by a few. When you die your bank accounts, including those you hold jointly with your spouse, will be frozen pending execution of the will. If there is no will it may take a long time for a surviving spouse to get access to the money again although banks may allow existing direct debits to continue to be paid. If the amounts involved are very small this may be a risk you are happy to take.

On the subject of joint accounts, it is quite common for surviving spouse to withdraw the bulk of the funds from a joint account before the bank is notified of the death of one of the account holders. This is obviously irregular and large withdrawals of this kind in particular may draw unwelcome attention from the authorities.

Another asset to consider is the car. If it is in the name of the person who has died it will be part of their estate and subject to inheritance tax. If the surviving family does not go through the proper procedures you will not be able to put it in anyone else’s name or sell it. Having a Spanish will is definitely an advantage in overcoming this hurdle.

Can a foreign will be used to pass on Spanish assets?

If you do fail to make a Spanish will then your old British or other foreign will can and will be used. In fact provided the will is legal in Britain and clear in respect of the deceased’s assets there is no reason to doubt its validity in Spain. The problem is more one of time and expense.

Having a Spanish will, provided it is uncontested, leaves the heirs or their representatives with the relatively simple tasks of obtaining a death certificate, finalising the estate at the Notary, paying any taxes and passing title onto the heirs.

If there is only a UK will then, before it can be used to distribute Spanish assets to the heirs, its validity under Spanish law must be proved to the Notary. This will involve employing a UK solicitor to obtain a Grant of Probate from a British court which in turn will have to be officially translated and otherwise legalised in Spain.

What if there is no will in either country?

If there are Spanish assets but no will at all, real problems can arise. At the very least there will be additional paperwork and expense, but potentially the Spanish Law of Obligatory Heirs could come into play. This law limits the right of someone to dispose of their assets how they want upon death by, for example, guaranteeing minimum proportions of the estate to the spouse and children (see below).

If the deceased is British then this Spanish law generally does not apply but, in the absence of a will, the surviving spouse and children must agree on a division of the assets and legally renounce their rights under Spanish law as appropriate. If there is no agreement then the matter will go to Court which will apply Spanish law.

What is the Spanish Law of Obligatory Heirs?

In the UK a will-maker can dispose of their assets as they see fit which is why you occasionally see millions passing to a Cats Home or to a loyal chauffeur. This could not happen in Spain where the law guarantees at least part of the estate to family members in fixed proportions. Specifically:

- the surviving spouse receives half the assets acquired during the marriage plus all of the assets that came directly to them e.g. by way of inheritance

- 2/3 of the remainder goes to the children (half of this share equally to each child, half divided among the children in accordance with the deceased’s wishes)

- 1/3 of the remainder can be left to whoever the deceased wishes

- If there is no surviving spouse and no children but there are surviving parents they get half (one third if there is a surviving spouse but no children)

- If one of the children has died then their children (i.e. grandchildren) automatically inherit their share

All of this should be academic to most cases when foreigners die because Spanish law states that the inheritance law of their own country should be applied even with Spanish assets. If there is no will the heirs of a foreigner’s estate can bypass this law if they all agree to a different division of the assets and the appropriate heirs renounce their rights before a Notary.

Can I make a Spanish and a British will?

Yes and for those with assets in both countries having two wills is probably a good idea and will certainly save lawyer time and cost on death. Care must be taken to ensure that each spells out which assets it covers and that one will does not invalidate the other. You can see that if one will leaves everything to the surviving spouse and the other leaves the finca to the children how this would cause problems.

The wording too can cause problems. It is common for British wills to state that they are the last will and testament of the willmaker and superceed all others. That kind of language is likely to invalidate another Spanish will. The safest thing is to take legal advice in both countries at the same time and tell each lawyer what the other is doing. They can thus draft the wills to explicitly refer to and respect the wishes of the other.

How do I know if my Spanish will is valid?

Spanish law is fairly specific about the legal form of a will and crucially it has to be registered in the central will depository in Madrid. However if you have made a will in Spain and it was notarised then you can be pretty confident of its validity. The Notary’s job is to ensure it is legal, witnessed, signed and registered properly. Something like a change of address afterwards will not invalidate it.

The only thing to watch is if the will disposes of different specific assets to different people (e.g. the main house to a spouse and a holiday flat to the children) then it will have to be revised if those assets or people change.

What about inheritance tax?

Spanish inheritance tax is outside the scope of this guide but it should be noted that the tax is payable 6 months after death, whatever length of time it takes to dispose of the estate. If the process drags on (e.g. because the deceased was intestate) and the tax is paid late there will be interest penalties on top of the tax.

Inheritance tax rates can be quite punitive in Spain but most regions have additional allowances for transfers between family members particularly in respect of the family home, that can ease the pain. However it is a complex area and if you have any concerns please email Advoco at the general contact address This e-mail address is being protected from spambots. You need JavaScript enabled to view it

How much? Our services

We can assist with the drafting and notarising of wills and advise on inheritance tax liabilities and issues. We also act for beneficiaries and heirs when they have a claim under a Spanish will. A basic will for an individual costs 160€ (couple 280€) including advice, translation, organising the notary etc but not the Notary fees themselves. Find out more without obligation by emailing us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .