Start with your family, not just the property
Write down who you want to benefit, who should inherit if that person dies first, and whether anyone needs particular protection. Children from a previous relationship, an unmarried partner or a vulnerable relative deserve explicit discussion. A partner does not automatically receive everything merely because you own a home together.
For an apartment in La Cala, a house in Mijas or a property in Calahonda, identify your ownership share. Your will deals with your estate, not automatically the other owner's share. Your matrimonial property regime may affect what belongs to the estate before succession rules are applied.
Which country's succession law applies?
Under the EU Succession Regulation, the starting point is generally the law of the deceased's last habitual residence, subject to exceptions. A person can generally choose the law of a country whose nationality they hold. Buying in Spain or obtaining an NIE does not itself make that choice.
The choice should be assessed and expressed correctly in the testamentary document. Where a country has several legal systems, more analysis may be needed. It is not a choice of inheritance tax rules: taxation and matrimonial property are separate questions.
What to prepare for your appointment
- Your passport or identity document, NIE if you have one, nationality and usual place of residence.
- Copies of existing wills and codicils, including documents made outside Spain.
- Names and details of intended beneficiaries and substitute beneficiaries.
- Your marital status, relevant marriage agreements and details of children or dependants.
- A summary of property, ownership shares, accounts and debts; deeds or registry information help identify Spanish assets.
This is a preparation list, not a statement that every item is legally required to make every will. Tell the office which documents you cannot locate so the appointment can be organised appropriately.
Coordinate the wills before signing
A Spanish will and an overseas will may coexist, but their scope and revocation wording must work together. A broad clause revoking earlier wills can undermine the intended arrangement. Ask for the interaction to be checked, including what happens to assets acquired later.
A will is a personal act. An ordinary power of attorney cannot authorise someone else to make your will for you. If you do not understand Spanish, raise language arrangements before the notarial appointment rather than assuming that an informal translation will be sufficient.
Frequently asked questions
Must a foreign owner always have a separate Spanish will?
No universal rule requires every foreign owner to have one. A coordinated Spanish will can be useful, but the right arrangement depends on the existing documents, applicable law and assets.
Does a Spanish will remove inheritance tax?
No. The will determines testamentary wishes within the applicable law; tax liability and filing obligations need a separate assessment.