WILLS IN SPAIN FOR FOREIGNERS WITH PROPERTIES: GUIDE 2026

If you are a foreign owner of a property in Spain, granting a Spanish will is highly recommended, even if you already have a will in your country of origin. It saves your heirs several thousand euros in translations, apostilles and legal opinions, reduces the inheritance process by months, and allows you to choose the law applicable to the succession. The current notarial cost is around €40–90.

Spain remains one of Europe’s most attractive destinations for foreign property investment. Many owners assume that, because they have a will in their country of origin, their property in Spain will automatically pass to their heirs. The reality is considerably more complex —and notably more expensive and slower— when the deceased has not also granted a will in Spain governing the succession of the assets they hold in this country.

Do I need a Spanish will if I already have one in my country?

Legally, it is not compulsory. Your foreign will may be valid in Spain. However, in practice, granting a Spanish will specifically for assets located in Spanish territory is the most sensible decision for three reasons: it saves your heirs time and money, it allows you to choose the law applicable to your succession, and it avoids land registry qualification issues that affect foreign public documents.

This recommendation applies both if you habitually reside in Spain and if you are a non-resident owner. In both cases, the property located in Spain must, in any event, be transferred before a notary, the Land Registry and the Spanish tax authorities.

Legal framework: EU Regulation 650/2012 explained

Since 17 August 2015, cross-border successions handled by the Spanish authorities have been governed by Regulation (EU) No 650/2012 (“Brussels IV”), which applies erga omnes regardless of the deceased’s nationality. Two rules are decisive in understanding why a Spanish will is advisable.

Default rule: law of habitual residence (Article 21)

In the absence of a valid choice, the succession is governed by the law of the State in which the deceased had their habitual residence at the time of death. For a foreigner habitually resident in Spain, this means that Spanish law will govern their entire worldwide estate, including the forced heirship rules of the Civil Code or, where applicable, the civil law of Catalonia, Aragon, Navarre, the Balearic Islands, Galicia or the Basque Country.

Exception: professio iuris (Article 22)

The testator may expressly choose that their succession be governed by the law of their nationality. This choice, technically known as professio iuris, must be made clearly, generally in the will itself. It is particularly relevant for nationals of common law jurisdictions —the United Kingdom, Ireland, the United States, Canada and Australia— where testamentary freedom is much broader and where there are no forced heirship rules of the continental model.

6 advantages of granting a Spanish will as a foreigner

1. Speed and simplicity in the succession process

With a Spanish open will, the heirs only need three documents to start the succession process:

1. The death certificate.
2. The certificate from the General Registry of Last Wills.
3. An authorised copy of the will.

Without a Spanish will, they must provide, translate through a sworn translator and apostille the foreign will, the foreign certificate of last wills, the local equivalent of the certificate of heirs (grant of probate in the United Kingdom, acte de notoriété in France, Erbschein in Germany, etc.) and, where applicable, a European Certificate of Succession or a legal opinion on foreign law.

2. Financial savings for the heirs

Sworn translations, apostilles, legal opinions on foreign law and European Certificates of Succession usually involve expenses of several thousand euros for the heirs. The notarial fee for a Spanish open will is modest —usually between €40 and €90— plus the fees of the drafting lawyer. The imbalance between preventing the problem and resolving it afterwards is clear.

3. Choice of applicable law

The Spanish notarial will is the ideal instrument for formalising the professio iuris under Article 22. In the absence of such a choice, a foreigner resident in Spain will be subject to Spanish forced heirship rules, which may directly conflict with family expectations formed under another legal tradition.

4. Coordination with foreign instruments

The Spanish will can be expressly limited to assets located in Spain, through a clause preserving any previous or subsequent foreign disposition relating to assets abroad. This avoids both the inadvertent revocation of the foreign will by the Spanish will, and the revocation of the Spanish will by a later foreign will.

5. Tax optimisation of Inheritance and Gift Tax

Inheritance and Gift Tax (ISD) is largely assigned to the Autonomous Communities, with very different rates and allowances. Following the CJEU judgment of 3 September 2014 (case C-127/12) and Law 26/2014, non-resident heirs may apply the rules of the Autonomous Community with which the succession has the closest connection —normally the one where most of the assets in Spain are located—.

The Spanish will allows for a distribution that takes advantage of regional allowances, the surviving spouse’s usufruct, the family business allowance and the substantial tax reliefs available in Madrid, Andalusia, the Balearic Islands, Valencia, the Canary Islands and Galicia.

6. Immediate land registry effectiveness

The Spanish open notarial will is a public document with full evidentiary and registry effectiveness (Articles 1218 and 1219 of the Civil Code; Articles 17 bis and 22 of the Notaries Act). It therefore avoids the qualification issues affecting foreign public instruments, as reflected in the consolidated doctrine of the Directorate General for Legal Certainty and Public Faith (DGSJFP, formerly DGRN).

Comparison: with a Spanish will vs. without a Spanish will

How to grant a Spanish will as a foreigner: step by step

The open notarial will is the only realistic option for a foreigner: safe, quick and affordable. These are the recommended steps:

1. Go to a Spanish notary. It is granted in Spanish, with the assistance of a sworn interpreter or bilingual lawyer who guarantees the testator’s full understanding.
2. Coordinate it with the timing of the property purchase. Ideally, the will should be signed before the same notary who authorises the purchase deed, on the same day.
3. Coordinate it with the existing foreign will, through an express clause limiting it to assets in Spain, in order to avoid unwanted cross-revocations.
4. Include an express professio iuris when the testator wishes to exclude Spanish forced heirship rules and apply their national law.
5. Review the will periodically to reflect family, residence or tax changes.

Special cases by nationality

British and Irish nationals

Common law jurisdictions offer broad testamentary freedom. Professio iuris in favour of English, Scottish, Northern Irish or Irish law allows the estate to be distributed freely, avoiding Spanish forced heirship rules. After Brexit, this option remains valid in Spain because Regulation 650/2012 applies erga omnes: the chosen nationality does not have to be that of an EU Member State.

US, Canadian and Australian nationals

The same principle applies: professio iuris in favour of the law of the State of nationality makes it possible to preserve testamentary freedom. In the case of the United States, it is advisable to specify the particular State whose law is chosen —Florida, California, New York, etc.— because succession law in the US is state law, not federal law.

German, French, Dutch and Belgian nationals

These jurisdictions also provide for forced heirship rules, although their structure differs from the Spanish system. Here, the choice between Spanish law and national law must be analysed on a case-by-case basis, taking into account the matrimonial property regime, the composition of the estate and the family plans. Coordination with a previous will —German, French, etc.— is especially delicate.

Nordic countries

Sweden, Denmark and Finland have their own succession traditions, which should be mapped out with a Spanish-Nordic specialist before deciding between national law and Spanish law. Norway and Iceland, as they are not part of the EU, do not apply Regulation 650/2012 in their domestic jurisdiction, but they do fall within its scope of application when the deceased has habitual residence or assets in Spain.

Frequently asked questions

Is it compulsory to make a Spanish will if I own property in Spain?

It is not compulsory. Your foreign will may be recognised in Spain. However, granting a Spanish will is highly recommended because it saves your heirs several thousand euros in translations, apostilles and legal opinions, and reduces the duration of the succession process by several months.

How much does it cost to make a will in Spain as a foreigner?

The notarial fee for a Spanish open will usually ranges between €40 and €90. To this amount, you must add the fees of the lawyer who drafts it and, if necessary, the cost of the sworn interpreter.

In which language is the will granted?

The will is granted in Spanish or, where applicable, in the co-official language of the relevant Autonomous Community. If the testator does not have sufficient command of the language, they must attend with a sworn interpreter or a bilingual lawyer who fully explains the content before signing.

What happens if I die without a will as a foreigner with assets in Spain?

Your heirs will have to process an intestate declaration of heirs in Spain, proving the law applicable to the succession and providing the relevant foreign documents, duly apostilled and translated. The process is considerably longer and more expensive than with a will.

Is my foreign will valid in Spain?

In general, yes, provided it meets the formal requirements of the law of the country where it was granted (Article 27 of Regulation 650/2012). However, its execution in Spain requires a sworn translation, apostille and, frequently, a legal opinion on foreign law or a European Certificate of Succession. A Spanish will removes this entire documentary burden.

How long do my heirs have to pay Inheritance Tax?

Six months from the date of death, extendable for a further six months upon request. If the tax is not settled within the deadline, surcharges and late-payment interest apply. Having a Spanish will speeds up the documentation and makes it possible to meet the deadline without issues.

Conclusion: a brief, simple and affordable procedure

Granting a will in Spain is a procedure that any foreigner with a property in Spanish territory should complete. It saves time, costs and uncertainty for their heirs, allows the testator to choose the applicable law and design a tax-efficient distribution, and ensures that the property can be transferred and registered without the friction that almost inevitably affects successions with a foreign element processed without a local instrument.

The cost is minimal, the protection significant and the drawbacks practically non-existent.