What Happens Without a Spanish Will?

Without a Spanish will, your Spanish assets — property in Mijas, a bank account in Málaga, a vehicle — will pass under Spanish intestacy rules or, if you have a foreign will, through a slow and expensive process of validation. Your beneficiaries will need to have your foreign will officially translated into Spanish, apostilled, notarised, and then recognised by the Spanish courts before they can access a single euro of your estate.

This process can easily take 12–24 months and cost several thousand euros in translation, apostille, legal, and administrative fees — all at a time when your family is grieving and needs resolution, not paperwork. In some cases, assets can be frozen in the interim, causing genuine hardship.

What is a Spanish Will?

A Spanish will (testamento) is a legal document signed before a Spanish notary in which you specify how your Spanish assets should be distributed after your death. It is then registered in the Central Registry of Last Wills (Registro Central de Actos de Última Voluntad) in Madrid, making it instantly traceable and enforceable in Spain.

A properly drafted Spanish will supersedes the need for foreign will recognition in Spain, dramatically reducing the time and cost of administering your Spanish estate. It is typically combined with wills in your home country — your Spanish will covers Spanish assets, your home-country will covers everything else.

EU Regulation 650/2012: Choosing Your Applicable Law

An important piece of legislation for expats in Spain is EU Regulation 650/2012 (the European Succession Regulation). This allows EU residents to elect that the law of their nationality — rather than their country of residence (Spain) — governs their entire estate. This can be significant, as Spanish forced heirship rules (legítima) reserve compulsory portions of the estate for certain heirs regardless of your wishes.

For example, a British national with property in Mijas can elect in their Spanish will for UK law to govern their succession, allowing greater freedom in distributing their estate. For EU nationals, a similar election can be made for the law of their home EU country. Note: UK nationals should take specialist advice, as UK law varies across England, Scotland, and Northern Ireland, and the UK is not bound by this regulation — but Spain will typically honour the election for recognised legal systems.

How Much Does a Spanish Will Cost?

Making a Spanish will is remarkably straightforward and affordable. Lawyer fees for a standard Spanish will are typically in the range of €150–€400 per person, depending on complexity. Notary fees add a further €50–€100. The entire process — from initial consultation to signing before the notary — can often be completed within a few days.

Compare this to the thousands of euros your beneficiaries might spend trying to administer your estate without a Spanish will, and the value of making one is immediately clear. It is one of the most cost-effective legal steps any expat property owner can take.

The Process of Making a Spanish Will

The process is simple:

  1. Meet with your lawyer in Mijas to discuss your wishes and understand the tax implications.
  2. Your lawyer drafts the will in Spanish (and usually in a bilingual format for your understanding).
  3. You sign the will before a Spanish notary — this typically takes 30–60 minutes.
  4. The notary registers the will with the Central Registry of Last Wills in Madrid.

If you do not speak Spanish, the notary will require an official interpreter at the signing. Your lawyer's office can arrange this. The original will is held by the notary; your lawyer will give you a copy.

Spanish Inheritance Tax for Expats

Making a will does not remove your beneficiaries' obligation to pay Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones — ISD). However, in Andalucía, there is now a near-complete allowance for direct descendants, spouses, and parents — meaning most family inheritances are effectively tax-free. Non-residents and more distant relatives may face higher rates. Your lawyer can advise on tax planning strategies, such as timing of gifts, insurance instruments, and corporate structures, to minimise the ISD burden.

Frequently Asked Questions

Yes, strongly recommended. While your home-country will may technically be recognised in Spain, the process of translation, apostille, and recognition before Spanish notaries and courts is slow and expensive. A separate Spanish will covering your Spanish assets is always the most practical approach. Your home-country lawyer should be informed so that your home-country will is not drafted in a way that conflicts with or revokes the Spanish will.
Spanish law does not permit joint wills (unlike some other legal systems). Each spouse must make their own individual Spanish will. However, your lawyer can draft the two wills at the same time, making the process efficient and ensuring they are complementary. The two wills can be signed at the same notary appointment.
If you die without a will (intestate), Spanish law — or your national law if elected — determines who inherits. Spanish intestacy rules follow a strict order: spouse, children, parents, siblings. If there is no will and no obvious heir, the process of establishing entitlement can be very protracted. In addition, your assets may not go to whom you would have chosen. Making a will is the only way to ensure your wishes are respected.