At Málaga Solicitors, we regularly assist international clients with wills and inheritance matters involving assets in Spain. When your life, family or property is spread across more than one country, estate planning can become confusing surprisingly quickly.
One of the most common questions is simple: if you already have a will in your home country, do you really need another one in Spain? The short answer is not necessarily. A foreign will can be recognised in Spain, but having a separate Spanish will may make dealing with your Spanish assets easier for your beneficiaries. The right option depends on your personal circumstances.
Do I Need a Spanish Will if I Already Have a Foreign Will?
No. Owning property or other assets in Spain does not automatically mean that you must make a Spanish will.
A will made in another country can have legal effect in Spain provided that the relevant legal requirements are met. The Spanish Notariat expressly confirms that a will made abroad can take effect in Spain under the applicable private international law rules.
The more useful question, therefore, is not simply:
“Do I have to make a Spanish will?”
It is:
“Would having a Spanish will make things easier for my beneficiaries?”
For many foreign property owners, it is worth considering.
If you would like to understand how the process works, you can read our guide to making a will in Spain.
Is My Foreign Will Valid in Spain?
Potentially, yes. Having a British, Irish, American, German, Dutch or other foreign will does not mean that your wishes simply stop applying because you own an apartment, bank account or other assets in Spain.
However, a will being capable of recognition in Spain and a will being easy to administer in Spain are not quite the same thing. When the original will was made abroad, the Spanish inheritance process may involve dealing with foreign documentation and establishing how that will affects the assets located in Spain.
That can make the estate more complicated than the beneficiaries expected. This is one reason some international property owners choose to make a Spanish will specifically as part of their wider estate planning.
Why Make a Spanish Will if You Already Have One?
The purpose is not to create an extra legal document just for the sake of it.
The aim is usually to make your intentions regarding your Spanish estate as clear as possible.
It can deal specifically with your Spanish assets
Imagine that you live outside Spain but own a holiday home in Marbella and have a Spanish bank account.
Your existing will may cover your worldwide estate. Alternatively, after obtaining appropriate legal advice, you may decide that a Spanish will dealing with your Spanish assets fits better with your overall estate planning.
The right structure depends on what you own, where you live, your nationality and the terms of the will you already have.
It can make your wishes clearer
International estates can involve more than one legal system.
Clearly defining how your Spanish assets should be dealt with can reduce uncertainty for the people who eventually have to manage the inheritance.
It can make life easier for your beneficiaries
When someone dies, their family is already dealing with enough.
Good estate planning is partly about making the legal side as clear as reasonably possible.
A Spanish will does not magically remove every inheritance procedure, but in the right circumstances it can form part of a simpler and better organised succession plan.
Can I Have a Spanish Will and a Will in Another Country?
Yes, it is possible for estate planning to involve wills in more than one jurisdiction.
The important word here is coordination.
You should not simply make a second will without considering what your existing will says.
The two wills need to work together
If one document is intended to deal with certain assets and another with the rest of the estate, that intention should be clearly reflected in the drafting.
Otherwise, contradictions between the documents could create exactly the type of uncertainty you were trying to avoid.
Particular care should also be taken with clauses dealing with previous wills and their revocation.
Before signing anything new, it is sensible to have your existing will reviewed.
You may also find our tips for making a will in Spain useful before taking the next step.
Which Country’s Inheritance Law Applies?
This is where international inheritance can become more complicated.
Your nationality, your country of residence and the location of your assets are three different things.
For cross-border successions falling within the EU Succession Regulation, the general rule is that the law of the country where the deceased was habitually resident at the time of death applies to the succession. The Regulation also allows a person, subject to its requirements, to choose the law of their nationality to govern their succession.
For example, a foreign national who has moved permanently to Spain should not simply assume that the inheritance rules of their home country will automatically apply.
This is why the applicable law should be considered when the will is prepared, rather than leaving the question for the beneficiaries to solve later.
Individual circumstances matter, particularly where several countries are involved.
What Should I Do Before Making a Spanish Will?
If you already have a will abroad, there is no need to start from scratch.
A sensible approach is to:
- Review your existing will. Check what assets and countries it is intended to cover.
- Identify your assets in Spain. This may include property, bank accounts or other investments.
- Consider which succession law may apply.
- Make sure any Spanish will is coordinated with your existing will.
- Review your wills when circumstances change, for example after marriage, divorce, a change of residence or a significant change in your assets.
The goal should be a coherent international estate plan rather than simply collecting wills from different countries.
What Happens to My Spanish Assets When I Die?
Your beneficiaries will need to deal with the Spanish part of the estate and complete the relevant inheritance, property and tax formalities.
Exactly what is required will depend on the estate and the circumstances of the beneficiaries.
If you want to understand that part in more detail, see our guide to the inheritance process in Spain.
Frequently Asked Questions
No. There is no general rule requiring you to make a Spanish will simply because you own Spanish property. A foreign will can potentially take effect in Spain if the applicable legal requirements are satisfied.
It can potentially do so. However, whether relying solely on that will is the best solution depends on its wording, your circumstances and the law applicable to your succession.
Yes, but they need to be carefully coordinated. You should avoid creating a new will without checking how it interacts with the existing one.
Not simply because it is a Spanish will. The Spanish Notariat confirms that making a will does not, by itself, mean that heirs pay less tax, although appropriate estate planning can sometimes have tax implications depending on the circumstances.
Conflicting provisions can make an international estate more difficult to administer. This is why both documents should be reviewed together before a new will is signed.
Yes, it is sensible to review your estate planning when your habitual residence changes. Residence can be particularly relevant when determining which succession law applies.
So, Do You Need a Spanish Will?
If you already have a will in your home country, you do not automatically need another will simply because you own assets in Spain.
But that does not mean you should ignore the issue.
If you own property or other significant assets in Spain, live in Spain or have family and assets spread across different countries, it is sensible to check whether your existing will provides the clearest solution.
At Málaga Solicitors, we can review your circumstances and existing estate planning and explain whether making a Spanish will makes sense in your particular case.
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