Spanish Wills for Foreigners Living in Mijas and Costa del Sol
If you own property or assets in Spain, having a Spanish will is one of the most important legal steps you can take.
Many foreigners living in Mijas, La Cala de Mijas, Fuengirola, Marbella or Calahonda mistakenly believe that a will made in their home country is enough.
In practice, this often causes serious legal and financial problems for heirs.
A properly drafted Spanish will ensures your wishes are respected and your loved ones avoid unnecessary stress, delays and costs.
Do Foreigners Really Need a Spanish Will?
Legally speaking, a foreign will can be valid in Spain.
Practically speaking, relying only on a foreign will is a mistake.
Without a Spanish will, heirs often face:
- Long probate delays
- Additional translations and apostilles
- Higher notary and legal fees
- Uncertainty about applicable law
- Increased risk of disputes
A Spanish will:
- Works alongside your foreign will
- Applies only to assets located in Spain
- Simplifies the inheritance process
- Provides legal clarity
As Spanish will lawyers in Mijas, we strongly recommend a separate Spanish will for assets located in Spain.
Which Law Applies to Your Spanish Will?
Since the EU Regulation 650/2012, foreigners can choose:
- Spanish law
- Or the law of their nationality
This choice must be clearly stated in the will.
Failing to do so may result in:
- Forced heirship rules being applied
- Unexpected heirs receiving assets
- Conflicts between family members
We advise expats individually to ensure the chosen law aligns with their estate planning goals.
How a Spanish Will Is Made
Drafting a Spanish will is a straightforward process when done correctly.
The usual steps include:
- Legal consultation and estate review
- Drafting the will in Spanish (and English explanation)
- Signing before a Spanish notary
- Registration in the Spanish Wills Registry
The process is quick, secure and affordable — especially compared to the cost of not having one.
Common Mistakes Foreigners Make with Spanish Wills
We regularly see problems caused by:
- Copying wills from other countries
- Using online templates
- Naming heirs incorrectly
- Forgetting bank accounts or properties
- Conflicts between Spanish and foreign wills
A poorly drafted will can be worse than no will at all.
Working with a Spanish will lawyer in Costa del Sol ensures your will is legally sound and enforceable.
Can You Update or Change a Spanish Will?
Yes.
Spanish wills can be modified or replaced at any time.
Common reasons include:
- Marriage or divorce
- New property purchase
- Changes in family structure
- Tax planning adjustments
Only the latest will registered in Spain will be valid.
Spanish Will and Inheritance Tax Planning
A well-drafted Spanish will is not just about inheritance — it’s also a tax planning tool.
By structuring the will correctly, it’s possible to:
- Reduce inheritance tax exposure
- Avoid unnecessary asset fragmentation
- Simplify future declarations
This is especially relevant in Andalusia, where regional tax rules apply.
Why Use a Local Spanish Will Lawyer in Mijas?
Local expertise matters.
We provide:
- English-speaking legal service
- Knowledge of Andalusian inheritance law
- Direct access to local notaries
- Experience with foreign clients
- Clear and transparent advice
Being based in Mijas / La Cala de Mijas, we assist international clients throughout the Costa del Sol with confidence and discretion.
Get Professional Help Drafting Your Spanish Will
If you:
- Own property in Spain
- Live part-time on the Costa del Sol
- Want to protect your family
- Wish to avoid future legal issues
Our Spanish will lawyers in Mijas are ready to help you plan properly and securely.
📩 Contact us today to draft or review your Spanish will with expert legal guidance.
