Let’s face it, nobody likes to think about their own mortality. However, Wills are extremely important documents in Spain, especially if you are a foreign resident.
Inheritance rules vary from country to country, and sorting things out now can save your loved ones stress, confusion, and extra costs later.
Without a Spanish Will, the law decides
In Spain, the law that decides who inherits your property usually depends on where you last lived, but you can also choose the law of your nationality if you prefer. Spanish rules also make sure a part of your estate goes to legal beneficiaries, like your spouse and children. If you don’t make a Spanish Will, the law decides everything for you, which may not match what you want.
Even if you already have a Will in your home country, it is a good idea to make one in Spain. Foreign wills need to be officially translated and processed locally, which can make things more complicated for your family. A Spanish will avoids that hassle and can be set up to make inheritance tax simpler for your heirs.
Anyone, whether a resident or not, can make a Spanish Will and leave property to whoever they like, as long as it fits with their home country’s laws and this intention is stated clearly in the will. Splitting your property among several people can even help reduce the taxes your heirs have to pay.
Wills in Spain: How to set one up
There are a few ways to make a Will in Spain. The most common is an open Will, drawn up and signed in front of a notary and officially registered. A closed Will is sealed and involves witnesses and a notary, while a holographic Will is handwritten and simple but can be harder to execute and easier to challenge. Each has pros and cons, so choosing the right type depends on your needs.
Making a Spanish Will makes life easier for your family, helps ensure your wishes are respected, and keeps inheritance tax arrangements clearer. Not having one can lead to translations, higher costs, delays, and even family disputes.
When you make a Will, you will need to share personal details like marital status, occupation, your parents’ and children’s names, and the law you want to apply to your Spanish estate. Each spouse should make their own Will, usually in Spanish and in your preferred language, and it will be registered in Madrid.
If you later make a Will in your home country, make sure it only applies to assets there; otherwise, it could unintentionally override your Spanish Will. Letting your family know your plans and who to contact will also make things smoother.
Updating your Spanish Will
If circumstances change, you can update your Will, but usually it needs to be rewritten and registered again. Some people choose to donate property while they are alive, which can make taxes and ownership simpler for everyone. You can still live in the property, but ownership passes to the person you have gifted it to, and they handle decisions.
Even with changes like Brexit, British nationals still follow the same Spanish inheritance and gift tax rules as EU citizens.
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