Making a will in Spain is a very important decision for those who live in the country and have assets both here and in their country of origin. For foreigners citizens residing in Spain, properly organizing their inheritance prevents future conflicts, simplifies the process for heirs, and ensures their wishes are respected in both countries.
At MBT Abogados, we regularly receive inquiries about this topic from our clients. Therefore, in this article, we explain how to make a will in Spain, the steps to follow, and what aspects to consider if you have assets in more than one country.
Who can make a will in Spain?
Anyone over the age of 14 and with legal capacity can make a will in Spain, regardless of their nationality or whether they have permanent or temporary legal residence.
The important thing is that the will is made in accordance with Spanish law, before a notary, and that it correctly reflects the provisions regarding your assets located both in Spain and abroad.
In Spain, making a will is much more common than in other countries. This is due, among other things, to the complexity of Spanish law, which includes different sets of regulations: the general law, the Catalan law, the Aragonese law, the Balearic Islands law, the Navarrese law, and so on for other autonomous communities. Each of these sets of regulations provides for different legal heirs and forced heirs, as well as time limits for claiming an inheritance, and various other issues.
Types of wills in Spain
In Spain there are several types, but the most common and recommended is the notarial open will.
The main types are:
- Open will: This is executed before a notary, who keeps a copy and registers it in the General Registry of Last Wills. It is the safest and most practical type of will.
- Holographic will: handwritten by the testator. It has more requirements and often causes complications in its validation.
- A sealed will is delivered to the notary in a sealed envelope. It is rare nowadays.
For foreign residents, a notarized open will is always the most recommended option.
Steps to make a will in Spain (if you are a foreigner)
- Gather the basic information and documentation
- ID or passport
- Residence card (if you have one).
- List of assets in Spain (bank accounts, real estate, vehicles, etc.).
- List of assets in your country of origin.
- Full details of your heirs or beneficiaries.
- Consult with a lawyer specializing in international inheritance law
It is essential to decide which law will apply to your inheritance. Since 2015, foreign citizens who habitually reside in Spain can choose whether the law of their nationality or Spanish law applies. That choice must be made expressly in the will. - Go to a notary to make your will
Once the content is defined, the lawyer prepares a draft that is reviewed with the notary. The will is signed in their office and registered in the Registry of Last Wills, where its existence (but not its content) is recorded. - Keep a copy and inform your family members or heirs of its existence
They don't need to know the contents, but they do need to know that the will exists and before which notary it was granted.
If you have assets in Spain and in your country of origin
In this case, it may be convenient for you to make two wills: one in Spain, for the assets located here, and another in your country of origin, for the assets there. Both must be written in a coordinated manner, so that they do not contradict each other.
An experienced lawyer specializing in international inheritance law can help you harmonize both documents and avoid legal conflicts between countries.
On our blog you can also read a post about international inheritances, where we explain how an estate is managed when there are assets in different countries and what steps the heirs should follow: Inheritance in Spain: Taxes, Deadlines & How to Avoid Double Taxation
Approximate cost
The cost of making a notarial will in Spain is usually between 100 and 250 euros, depending on the complexity of the will and the notary's fees. It is a quick procedure, and with enormous legal relevance.
Why it's worth doing (even though it's not mandatory)
Although a will is not mandatory, it is highly recommended. Without a will, intestate succession will apply, and the law (not you) will decide who inherits and in what proportion. Furthermore, the legal process for heirs can become significantly longer and more expensive.
A well-written will:
- Avoid conflicts between heirs.
- Reduce succession times and costs.
- It allows for the inclusion of specific provisions (donations, bequests, appointments, etc.).
- It ensures that your wishes are fulfilled, even with assets in different countries.
How can we help you?
At MBT Abogados we have extensive experience advising foreigners residing in Spain on matters of wills and international estate planning. Our goal is to help you organize your inheritance with legal certainty and in accordance with your wishes, both with respect to your assets in Spain and in your country of origin.
We'll accompany you in:
- Drafting and reviewing wills in accordance with Spanish legislation and applicable international regulations.
- Choosing the most suitable inheritance law (Spanish or that of your nationality), according to your family and property situation.
- Coordination of wills in different countries, to avoid contradictions and ensure proper legal validity.
- Advice before a notary for the signing of the will and the correct registration in the Registry of Last Wills.
- Preventive estate planning, with tax and asset recommendations tailored to your case.
Summary
Making a will in Spain is a simple, inexpensive, and quick process, but it has enormous legal and emotional repercussions. If you are foreigner and have assets in Spain (or both countries), it is advisable to consult with a lawyer specializing in international inheritance law to correctly determine the applicable law and ensure that your assets are transferred according to your wishes.
At MBT Abogados, we specialize in representing foreigners in Spain. Our main office is in Barcelona, and we also offer regular in-person appointments in Madrid. Among other matters, we advise on wills, international inheritances, and cross-border estates.
We can help you draft your will, coordinate it with the one in your country of origin, and ensure that everything is properly registered and legally recognized. Contact us at email or Whatsapp for a personalized consultation and take the first step towards a secure and orderly estate planning.
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Frequently Asked Questions / Wills in Spain for foreigners
- Can I make a will in Spain if I don't have Spanish nationality?
Yes. Anyone over the age of 14 and with legal capacity can make a will in Spain, even if they are not Spanish. It is sufficient that you habitually reside in the country or own property in Spanish territory. - Which law applies to my inheritance if I am a foreign resident in Spain?
Since the entry into force of Regulation (EU) 650/2012, the general rule is that the law of the country where the deceased was habitually resident applies. However, foreign nationals can expressly choose the law of their nationality to apply, by stating this in their will. - Do I need to make two wills if I have assets in Spain and in my country of origin?
It depends on the case. In many situations, it's advisable to make a will in each country, provided they are coordinated and don't contradict each other. This simplifies the subsequent process and avoids conflicts between the authorities of both countries. At MBT Abogados, we can advise you on the best strategy based on your assets and family situation. - How much does it cost to make a will in Spain?
The cost of making a notarized will in Spain is usually between 100 and 250 euros, depending on the complexity of the will and the notary's fees. It is a quick process with significant legal implications. - What happens if I don't make a will?
If a person dies without a will, intestate succession begins, and the law will determine who the heirs are and in what proportion. This can lead to longer and more expensive procedures, especially if there are assets in different countries. - Why is it more common to make a will in Spain?
Due to the complexity of Spanish law, which includes various regional regulations—national, Catalan, Aragonese, Balearic, Navarrese, and others—each of these sets of regulations stipulates different legal heirs and forced heirs, as well as time limits for claiming an inheritance, among other issues. Therefore, to avoid future problems, it is more common in Spain to make a will. - Where can I find more information about international inheritances?
On our blog you can find the article on international inheritances, where we explain how inheritances with assets in different countries are managed and the keys to avoiding legal conflicts. Inheritance in Spain: Taxes, Deadlines & How to Avoid Double Taxation
