Do I Need a Spanish Will If I Own Property in Spain but Live Abroad?

Why Your Foreign Will Alone Might Fall Short

Let’s imagine the scenario without a Spanish will: You pass away owning a villa on the Costa Blanca. You have a will in your home country (say the UK or Canada) leaving everything to your spouse. What happens?

• Process Complexity: Your heirs (perhaps your spouse or children) will have to use that foreign will to claim the Spanish property. This means they need to get a bunch of documents: the foreign will, a probate grant or equivalent from your country confirming that will, then have these documents apostilled and officially translated into Spanish. Next, they’ll present them to a Spanish notary or court to get them accepted and then proceed with the Spanish inheritance deed. This is time-consuming and costly, often requiring hiring Spanish lawyers to navigate.
  
  

• Frozen Assets: Spanish banks will freeze any account in your name upon death. Your heirs can’t unfreeze it to pay, say, Spanish inheritance tax or property expenses until they prove they are entitled. Without a Spanish will, that proof is your foreign probate – which could take many months. Meanwhile, taxes are due in 6 months in Spain. It adds pressure and possibly late payment fees if delays occur.
  
  

• Legal Uncertainty: Spain will apply its inheritance law by default if you didn’t explicitly choose otherwise. If you’re British, for example, dying as a non-resident property owner, Spanish law might still say the succession of Spanish property is governed by UK law (because of nationality), but demonstrating that to Spanish authorities without a Spanish will can be tricky. If you were an EU national (non-Spanish) and didn’t choose, there might be confusion whether to use your national law or Spanish because you weren’t resident – Spain would likely use your nationality law by default, but authorities will demand evidence of that law’s content. It’s an extra layer of legal hassle.
  
  

• Potential Intestacy for Spanish Assets: Some foreign wills, if poorly worded, might not clearly cover foreign property. For instance, a home-drafted will might say “I leave my estate in [home country] to X” and not mention overseas property. Spanish courts might then consider the Spanish property not disposed of by that will (intestate), causing Spanish intestacy rules to kick in – which might distribute the property differently than you intended.
  
  

So, relying solely on a foreign will could mean delays, more legal hoops, and even unintended outcomes.

How a Spanish Will Solves These Problems

A Spanish will, tailored for your Spanish property, acts like a key to unlock a much faster and straightforward inheritance process:

• Direct Recognition: A Spanish notarial will is stored in Spain and registered. Upon death, your heirs request a simple certificate from the Central Wills Registry to see that will and the notary who holds it. Then they go to that notary (or any notary with the registry info) and get an official copy of your will. Because it’s in Spanish and done by a Spanish notary, its validity is unquestioned locally. They can proceed to the inheritance deed right away. No foreign court involvement needed.
  
  

• Choice of Law Clarity: In the Spanish will, you can state “I want the inheritance of my Spanish assets to be governed by [your nationality] law”. Spanish authorities will then follow that law (which usually means following your will’s instructions fully, since most common law give free testamentary disposition). This prevents any misunderstanding. For example, if your will says everything to spouse, and you chose UK law, Spain will allow that, and your children can’t contest it under Spanish forced heir rules. Without that, there might have been an argument or at least a doubt whether Spanish forced heirship applies.
  
  

• Reduced Costs and Time: Getting a Spanish will drafted and executed might cost a few hundred euros at most, and takes maybe an hour of notary time. Compare that to thousands in legal fees and many months post-mortem to use only a foreign will. It’s a classic case of “prevention is cheaper (and simpler) than cure.” As Malaga Solicitors put it, “a Spanish will is vital for a smooth estate process”.
  
  

• Preventing Administrative Freezes: Since the Spanish will accelerates the process, assets like bank accounts can be transferred to heirs’ names faster, meaning less time frozen. Also, inheritance tax can be dealt with in time, avoiding penalties.
  
  

• Tailored to Spanish Asset Distribution: Your Spanish will can specifically address your Spanish property. For instance, maybe your home country will is very general. In the Spanish will, you might say “I bequeath my house at XYZ address in Spain to my daughter Y”. This level of specificity can help the notary and registry ensure correct transfer. It might also let you handle Spanish particularities like usufruct if desired (e.g., give spouse usufruct for life and bare ownership to children – sometimes foreigners do that to mimic a trust or protect spouse’s housing).
  
  

• Avoiding Intestacy Risks: The Spanish will explicitly covers Spanish assets, so there’s no gap. Even if your foreign will had ambiguous wording, the Spanish will’s clarity ensures Spanish property goes exactly to who you name. It avoids Spanish intestacy (which, by the way, would give your estate to certain relatives perhaps differently ordered than some common law).
  
  

In sum, a Spanish will brings certainty and simplicity to handling your Spanish property after your death, sparing your heirs lots of trouble.

Addressing Concerns about Having Two Wills

People worry: “Won’t two wills cause conflict or one cancel the other?” The key is proper drafting:

• Your Spanish will should contain a clause that it is limited to Spanish assets and is independent of any foreign will. For example, “This will is made with the intention not to revoke any earlier will made in [home country] concerning assets located outside Spain.”
  
  

• Likewise, it’s wise to update your foreign will to mention: “I have made a separate will dealing with my assets in Spain; this will does not cover those Spanish assets.” Many foreign wills already have something like: “I leave all my worldwide assets except those for which I have made a special local will” – you can incorporate such wording.
  
  

• When done this way, two wills complement each other. Spanish notaries and foreign solicitors have dealt with this for decades, so it’s standard practice.
  
  

• What if you accidentally had overlapping provisions? Then last will wins on that overlapping part, which can cause confusion – that’s why making them clearly partitioned by geography avoids any overlap. (If you do accidentally have two wills both claiming to cover the same asset, it can cause legal confusion and possibly litigation – so do ensure your lawyers know about all existing wills when drafting new ones).
  
  

Another concern: “I don’t speak Spanish – how do I know what I’m signing?” Spanish notaries can arrange for:

• An official translator to be present, or
  
  

• Some notaries bilingual themselves will do the will in Spanish and provide an English translation for convenience, though the Spanish text is what counts. You can bring your own translator too.
  
  

• The notary will read the will out loud (it’s required), so with translation you’ll understand it. You can ask questions, modify clauses – it’s not a rubber stamp, it’s your document.
  
  

Also: “What about costs?” It’s relatively low. The notary fee might range from €60 to a few hundred depending on complexity and length. If using a lawyer to draft, maybe a bit more. But compared to estate values, it’s trivial – and more importantly, compared to the cost of not having one. Plus, it’s a one-time cost now that saves potentially bigger estate administration costs later for heirs.

The Bottom Line: Yes, You Probably Do Need a Spanish Will

If you own property in Spain but live abroad, here’s a summary of why a Spanish will is strongly recommended (need might be a strong word, but it verges on need for a hassle-free estate):

• Ease for heirs: They deal with Spanish officials using Spanish documents, not chasing around foreign courts.
  
  

• Speed: Could settle in a couple months vs a year or more with only foreign will. Tax deadlines met, property transferred soon so maybe they can sell it or use it without long limbo.
  
  

• Legal accuracy: Ensures Spanish succession law is addressed so no surprises (especially with forced heirship, which you likely want to avoid if it conflicts with your intent).
  
  

• Peace of mind: You know that piece of the puzzle is handled; your home will handles the rest. It compartmentalizes the process per jurisdiction, which is how legal systems prefer it.
  
  

Are there cases you might not need one?

• If you have very minimal assets here (say just a small bank account) and you truly don’t mind the slower process or your heirs are in no rush. Or if you’re okay with Spanish intestacy results (e.g., one child inheriting equally with others).
  
  

• But even then, a simple will is so easy and cheap that why not eliminate any uncertainty.
  
  

One exception: If your home country is one where having a second will might cause confusion or extra probate (not common; most common law countries are fine with multiple wills, as long as each is limited in scope). Some people from the US with living trusts might not do a will but rather title assets in a trust – that’s a whole other scenario; for them, consulting a cross-border attorney is wise because Spain doesn’t recognize living trusts readily.

For the vast majority of expat property owners, the advice from every Spanish law firm and consulate is consistent: Make a Spanish will. It’s such a simple step to avoid big complications.

As HerenciasPlus.com or other estate sites might say: failing to plan (with a Spanish will) is planning to fail (making it hard on your heirs).

So, do you need a Spanish will if you own property in Spain but live abroad? Yes – it’s highly advisable to have one. It ensures your Spanish assets are handled exactly as you wish, with minimal fuss, under Spanish law when the time comes. Given the potential troubles avoided and the low effort required, it’s a smart move for any foreign property owner in Spain.

(Next up: we’ll discuss an EU regulation specifically – EU 650/2012 – that we touched on, which lets you choose which country’s law governs your inheritance, providing even more control for expats.)