Why You Should Make a Spanish Will (Even If You Already Have One Abroad

The Problem with Relying Solely on a Foreign Will

Let’s start with what happens if you don’t have a Spanish will. Suppose you have a will back home (say in the UK, or Germany, or the US) that covers all your worldwide assets. Can’t that just be used in Spain? It can, but consider the following complications:

• Legal Recognition and Translation: A foreign will is not automatically recognized in Spain. Before Spanish authorities accept it, the will often needs to go through a process in its country of origin (e.g., probate). For example, a British will would go through probate in the UK, and you’d obtain a Grant of Probate. Then, to use that in Spain, you need it translated into Spanish and “legalized” (apostilled). All those documents (the will, the probate grant, death certificate) must be officially translated by a sworn translator. This is time-consuming and costly.
  
  

• Inheritance Laws Differ: Different countries have different inheritance laws. Your foreign will might say “I leave everything to my spouse,” which is fine under UK law. But if you’re habitually resident in Spain, Spanish law (with forced heirship) might apply if you didn’t explicitly choose UK law in your will. Spain could potentially override parts of your will to give your kids a share. By making a Spanish will, you can explicitly state your wishes with Spanish law (or explicitly choose your national law under EU Regulation 650/2012). Without doing that, a foreign will could collide with Spanish legal principles. This can complicate matters and sometimes leads to legal disputes or at least confusion.
  
  

• Delayed Access for Heirs: If you pass away in Spain, your heirs might need to wait for probate to finish in your home country to then deal with Spanish assets. Spanish banks, for instance, will freeze accounts and typically won’t release funds to foreign executors until they see proper documentation (which comes after that foreign probate). This can take many months. A Spanish will, on the other hand, allows heirs to deal directly in Spain, often wrapping up matters more quickly since Spain doesn’t have an executor-driven probate for notarial wills – heirs can go to the notary and accept inheritance directly.
  
  

• Executor vs. No Executor: Some foreign wills appoint executors to administer the estate. Spain’s system doesn’t use executors in the same way (unless you specifically name one in a will, and even then, their role is limited compared to, say, a UK executor). There can be legal friction: a UK executor might not be automatically recognized in Spain without additional steps. A Spanish will typically doesn’t appoint executors (unless needed) and can streamline direct distribution to heirs according to Spanish practice.
  
  

• Partial Intestacy Risk: If your foreign will doesn’t account for Spanish assets specifically, there’s a risk it may not cover certain things properly, leading to an intestacy for those assets. For example, if your foreign will is very old and you bought a house in Spain later, and the will language isn’t clearly covering worldwide assets, Spanish authorities might question it. A Spanish will can be very clear about Spanish properties, bank accounts, etc., eliminating any doubt.
  
  

As a result of issues like these, relying on only a foreign will can mean more legal steps, more translation and administrative fees, and more uncertainty for those you leave behind.

Benefits of a Spanish Will

Now let’s explore the benefits of having a will in Spain (while still keeping your foreign will for assets elsewhere):

1. Simplified Procedure in Spain – As we discussed in previous articles, a notarial Spanish will is automatically registered and recognized. Upon death, all that’s needed is the Spanish death certificate and the Certificado de Últimas Voluntades (to prove your Spanish will exists), and your heirs can get an authorized copy of your will from the notary. Then they proceed with inheritance at a notary. They do not need to involve any courts for probate in Spain (no “letters of administration” or anything). This is hugely faster. By contrast, if you had only a foreign will, your heirs must possibly wait for a grant of probate from abroad and then a court here may have to authorize something.

2. Clarity on Applicable Law – In a Spanish will, you can explicitly state which law you want to govern your inheritance. Example: “I elect that the law of my nationality, England and Wales, shall govern my estate, per Article 22 of EU Regulation 650/2012.” This single sentence in a Spanish will makes it crystal clear that Spanish forced heir rules won’t apply, and instead your own national law (which might allow more freedom) will apply. If that’s what you want, putting it in a Spanish will (and echoing it in your foreign will possibly) is key. Without a Spanish will, even if your foreign will implies that, Spanish authorities might not take the hint unless it’s explicitly in line with the EU regulation’s requirements. Having it in a Spanish notarial will is the safest route to ensure your wishes and chosen law are respected.

**3. Avoiding Double Taxation & Coordination – Taxation is separate from the will, but a Spanish will can be structured in ways to minimize tax or at least make use of Spanish allowances (like explicitly dividing bequests in a tax-efficient manner for Spanish assets). Also, by settling Spanish assets through a Spanish will, the inheritance tax on those can be dealt with promptly in Spain (within the 6-month deadline) without waiting for foreign processes that might make you miss Spanish tax deadlines. Missing those deadlines can mean penalties. So from an ImpuestosHerencias.es point of view (focusing on inheritance taxes), a Spanish will helps ensure the estate is wrapped up on time so that taxes (both state inheritance and local plusvalía) are paid without late fees.

4. Tailoring to Spanish Property – Many expats use their Spanish will to specifically address Spanish property concerns. For instance, Spanish law might not recognize certain constructs in your home country will. If your UK will leaves a house on a life trust to someone, that concept doesn’t really exist in Spain (Spain doesn’t have common law trusts). But in a Spanish will, you could mimic that by granting a usufruct to one person and naked ownership to another – achieving a similar effect in a Spanish-compatible way. So a Spanish will can adapt your wishes into Spanish legal concepts. Also, you can name alternate beneficiaries for Spanish assets in case primary ones predecease (the notary will help ensure you cover contingencies, something foreign wills may not consider specifically for Spanish parts).

5. Reducing Costs and Stress for Heirs – Dealing with a foreign legal system is stressful for anyone. If your heirs live outside Spain, imagine them trying to navigate Spanish inheritance with a will in English and legal procedures they don’t understand. By having a Spanish will, written in Spanish (with or without an English translation alongside), and using the Spanish notary system, you spare them a lot of hassle. Spanish notaries and registries will handle the rest. As Malaga Solicitors note on their website, making a Spanish will “provides clarity, ensures compliance with local laws, and helps avoid unnecessary complications during the inheritance process”. That says it all. It’s a gift to your heirs – everything will be clearer and faster. They won’t need to hire expensive international lawyers to prove a foreign will.

6. No Risk of Revoking Your Foreign Will (if done correctly) – Some worry: “If I make a Spanish will, will it cancel my other will?” The key is to have wills that are limited in scope. A well-drafted Spanish will usually states it covers only your Spanish assets (or all assets in Spain and maybe elsewhere except your home country, depending on preference). And it might state it does not revoke earlier foreign wills regarding non-Spanish assets. Likewise, you should update your foreign will to ensure it either doesn’t revoke the Spanish will or at least is clear about jurisdictions. Lawyers often coordinate this. So you can absolutely have two complementary wills: one for Spain, one for your home country – this is common and perfectly workable. Just be sure each mentions the other or is carefully worded to not unintentionally supersede the other. This way, you enjoy the best of both: each will applies to the right country’s assets, making probate easier in each place.

7. Compliance with Spanish Law – A Spanish will is going to be drafted in compliance with Spanish inheritance law (or at least with the election of your own law if you choose). The Spanish notary will ensure it’s valid here. If you only have a foreign will that, say, has provisions not valid under Spanish law, parts of it might be unenforceable here. For example, UK wills sometimes leave estates in trust over generations – Spain doesn’t allow that easily due to the rule that inheritance rights vest at death. A Spanish will would avoid such problematic clauses. This prevents scenarios where Spanish courts might have to modify how your will is executed. You want your wishes followed, and a Spanish will achieves that within the Spanish legal framework.

8. Speed in Property Transfer – If you have Spanish real estate and you or your heirs might want to sell it after death, a Spanish will expedites getting the property into the heirs’ names so a sale can proceed. If everything is held up in an overseas probate, the property might sit there untransferable, perhaps deteriorating or incurring taxes and maintenance costs. Spanish inheritance via a Spanish will could settle in a few months, whereas foreign probate might take a year or more and then an extra process here. This could be important if, for instance, heirs need to sell the Spanish house to pay inheritance tax or just because they don’t want to keep it.

Common Misconceptions

• “If I’m not a Spanish resident, I don’t need a Spanish will.” – Actually, even non-residents with assets in Spain can benefit. Inheritance processes for non-residents are perhaps even more burdensome if they rely on foreign wills, because they have to handle cross-border legalities from afar. A Spanish will localizes the process.
  
  

• “Spanish wills are only in Spanish, I won’t know what I’m signing.” – You can get bilingual wills (English/Spanish for example). The notary may allow the English text as an unofficial translation attached. What matters is the Spanish text for legal purposes, but you can ensure you fully understand it. Many Spanish notaries in expat areas speak some English and will explain, but if not, bring a translator or a lawyer who is bilingual. It’s worth that small effort.
  
  

• “What if I want to leave everything to my spouse, but Spanish law won’t allow that because of forced heirs?” – If you’re a foreigner from a country like the UK or US that doesn’t have forced heirship, you can choose your national law in your Spanish will. Spain will then respect that and allow you to leave assets as you wish (with rare exceptions). Spanish wills are crucial to invoke that right. If you’re Spanish or from a forced-heir country, you’ll have to comply with those rules regardless, but a Spanish will ensures it’s done correctly.
  
  

• “I have nothing special in Spain, just a bank account.” – Even then, a Spanish will is useful. Banks can be very finicky releasing funds to foreign executors. If you have a Spanish will leaving the bank account to, say, your spouse or child, that heir can go with the inheritance deed to the bank and get the money. If you don’t, they might need a chain of documents from home, which can be a nightmare with Spanish banks (and they might freeze accounts for a long time).
  
  

Real World Example

Consider John, a British expat in Spain with a villa and a UK will leaving everything to his wife. John passes away. His wife, Mary, now has to:

• Get the UK probate (which takes months because the UK banks and such need it too).
  
  

• Pay a lawyer to translate the UK will and probate grant into Spanish.
  
  

• Obtain an apostille on those documents (from the UK authorities).
  
  

• Hire a Spanish lawyer to present them along with Spanish death cert to a notary or court to formalize acceptance in Spain.
  
  

• Meanwhile, the Spanish inheritance tax 6-month clock is ticking. She can get an extension or pay an estimate, but it’s additional stress.
  
  

• The local town hall is asking for plusvalía within 6 months too.
  
  

• Mary is dealing with two legal systems at once while grieving. Possibly incurring double sets of legal fees (UK and Spain).
  
  

Had John made a simple Spanish will stating “I leave my Spanish villa and any other assets in Spain to my wife Mary,” and choose UK law to govern (so kids can’t contest because that’s allowed under UK law):

• Mary would go to the Spanish notary, present death cert and wills registry cert (showing John’s Spanish will on record).
  
  

• Get the will copy, sign an acceptance of inheritance deed at notary (maybe with help of a gestor).
  
  

• File Spanish inheritance tax using that deed, pay minimal tax (in many regions spouses pay little or none).
  
  

• Change the property to her name and done. The UK will doesn’t even come into play for Spanish assets; it’s only used for UK assets.
  
  

This difference is like a few months of paperwork vs. potentially over a year of cross-border fumbling.

How to Make a Spanish Will (briefly)

It’s quite easy:

• Locate a local notary (or an English-speaking lawyer who can draft one and coordinate with the notary).
  
  

• Decide on distribution of your Spanish assets (could mirror your main will, or be different if you have reasons).
  
  

• Include the choice-of-law clause if you want your national law.
  
  

• The will can be as short or long as needed. Sometimes for expats with one or two heirs, it’s short and sweet: “I leave all my property in Spain to my spouse. If they predecease me, then to my children equally. I choose my national law to apply. I revoke any former Spanish wills (but not my foreign will dealing with non-Spanish assets).”
  
  

• The notary will ensure it’s properly phrased and signed.
  
  

The cost might be around €60-100 for the notary, plus maybe translation assistance fees if needed. A tiny price for huge benefit.

Conclusion

Why make a Spanish will even if you have one abroad? Because it makes life significantly easier for those you care about and ensures your wishes are executed efficiently. It bridges the gap between different legal systems. It’s about clarity, legality, and speed.

To recap key reasons:

• It avoids translation and legalization bureaucracy.
  
  

• It respects and can incorporate Spanish law nuances (or validly opt out via EU law).
  
  

• It saves time – no waiting on foreign courts to release assets in Spain.
  
  

• It potentially saves money by reducing legal fees and avoiding tax penalties.
  
  

• It gives you peace of mind that there’s a clear plan in Spain.
  
  

In the words of a Spanish legal advisory: “If you own assets in Spain, a Spanish will is vital for a smooth estate process”. Even if you feel your foreign will covers everything, the execution of that will in Spain is the issue – and a Spanish will solves that issue.

So, if you have property, bank accounts, or any significant asset in Spain, don’t delay. Draft a Spanish will. It doesn’t cancel your other wills if done correctly; instead, it complements them. Coordinate with an attorney if needed to ensure all your wills work together without conflict.

Your future self (and more importantly, your heirs) will be grateful for the foresight. Think of it as one more aspect of integrating into life in Spain – you handle taxes, residency, healthcare, and yes, you handle your will too. It’s a small step that can prevent big headaches later.

(For more guidance or a personalized approach, consulting resources like ImpuestosHerencias.es for tax implications or legal firms experienced with expats can help tailor your Spanish will to your situation.)