What Happens Without a Spanish Will?

Without a Spanish will, your Spanish assets 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, apostilled, notarised, and recognised by the Spanish courts before they can access any of your estate.

This process can easily take 12–24 months and cost several thousand euros — all at a time when your family is grieving and needs resolution, not paperwork.

What is a Spanish Will?

A Spanish will (testamento) is a legal document signed before a Spanish notary specifying how your Spanish assets should be distributed after your death. It is registered in the Central Registry of Last Wills 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.

EU Regulation 650/2012: Choosing Your Applicable Law

EU Regulation 650/2012 allows EU residents to elect that the law of their nationality — rather than Spain — governs their entire estate. This can be significant because Spanish forced heirship rules reserve compulsory portions for certain heirs regardless of your wishes.

For example, a British national with property in Mijas can elect for UK law to govern their succession, allowing greater freedom in distributing their estate. Your lawyer can advise on the best approach for your specific nationality.

How Much Does a Spanish Will Cost?

Making a Spanish will is affordable and straightforward. Lawyer fees are typically €150–€400 per person. Notary fees add €50–€100. The entire process can often be completed within a few days.

Compare this to the thousands your beneficiaries might spend without a Spanish will, and the value is immediately clear.

The Process of Making a Spanish Will

The process is simple:

  1. Meet with your lawyer to discuss your wishes and tax implications.
  2. Your lawyer drafts the will in bilingual format.
  3. You sign before a Spanish notary (30–60 minutes).
  4. The notary registers the will with the Central Registry in Madrid.

If you do not speak Spanish, an official interpreter attends the signing. Your lawyer's office can arrange this.

Spanish Inheritance Tax for Expats

In Andalucía, direct descendants, spouses, and parents now benefit from a near-complete inheritance tax allowance — meaning most family inheritances are effectively tax-free. Non-residents and more distant relatives may face higher rates. Your lawyer can advise on planning strategies to minimise the 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 is slow and expensive. A separate Spanish will covering your Spanish assets is always the most practical approach.
Spanish law does not permit joint wills. Each spouse must make their own individual Spanish will. However, your lawyer can draft both wills simultaneously at the same notary appointment.
Spanish intestacy rules follow a strict order: spouse, children, parents, siblings. Your assets may not go to whom you would have chosen. Making a will is the only way to ensure your wishes are respected.