A specific property gift is not the same as a share of your estate
A clause naming a particular apartment may operate differently from a clause appointing someone to inherit the whole estate or a percentage. If the apartment is sold, do not assume the beneficiary will automatically receive the replacement home or sale proceeds. The wording and applicable succession law need checking.
Keep copies of the sale deed, new purchase deed and previous will. An adviser can compare the actual assets with the testamentary provisions instead of relying on a street address remembered from years ago. Include any separately registered parking space or storage room in that review.
Changes that justify a review in 2026
- Buying or selling a property, or changing your share in jointly owned assets.
- Marriage, separation, divorce, a new partner or a change in matrimonial arrangements.
- A birth, adoption, death of a beneficiary or a relative developing support needs.
- A move of habitual residence between countries or a change of nationality.
- Making a new will abroad, especially one with a general revocation clause.
These are review triggers, not a claim that every event automatically cancels an earlier will. Nor is an annual rewrite always necessary. The objective is to find provisions that no longer reflect your circumstances.
Check residence and cross-border wording
Moving permanently to the Costa del Sol can raise different succession questions from buying a holiday apartment. Habitual residence matters under the EU succession framework; tax residence and ownership of a Spanish property are not interchangeable tests.
If a nationality-law choice was included earlier, ask whether it is still suitable and properly coordinated with the other documents. Such a choice does not settle inheritance tax or determine the matrimonial ownership of all assets.
How to make a change safely
Bring the complete previous documents, not just the page listing beneficiaries. Explain what should change and what should remain. A Spanish notarial will can be replaced by a later valid will, but the extent of revocation must be considered, especially where more than one country is involved.
Do not write corrections onto your signed copy and assume they are legally effective. Arrange the appropriate testamentary formalities. After signing, keep an accessible record of where the relevant documents can be located, without circulating sensitive financial details unnecessarily.
Our office is based in La Cala de Mijas and can be contacted about wills connected with properties along the coast. The relevant issue is your family and asset structure, not whether your new address has the same postcode as the old one.
Frequently asked questions
Does buying in Higuerón automatically require a new will?
No. Start with a review of the current wording, ownership and applicable law. A replacement may be appropriate, but the purchase alone does not establish that.
Can someone sign a replacement will using my power of attorney?
No. Making a will is personal; an ordinary power of attorney does not permit another person to make it on your behalf.