Solicitor in Spain

Category: Property

  • Do You Need a Spanish Will If You Own Property in Spain? (2026 Guide)

    If you own property or other assets in Spain, you may be wondering whether it is necessary to make a Spanish will.

    While it is not always legally required, having a Spanish will is often advisable, particularly for individuals who live outside Spain but hold assets within the country.

    This article explains when a Spanish will may be appropriate and why many UK property owners choose to have one.

    Is a Spanish Will Required?

    There is no strict legal requirement to have a Spanish will if you own assets in Spain.

    However, without one, dealing with inheritance matters can be more complex and time-consuming, particularly when the deceased was resident in another country.

    Why Consider a Spanish Will?

    A Spanish will can simplify the administration of your estate in Spain.

    Key advantages may include:

    • Simplifying inheritance procedures in Spain
    • Reducing delays when dealing with Spanish assets
    • Avoiding the need to rely solely on a foreign will
    • Providing clarity regarding your wishes under Spanish law

    For individuals with property in Spain, having a Spanish will can make the process significantly more straightforward for heirs.

    Spanish Law and Inheritance

    Spanish inheritance law differs from the law in the United Kingdom.

    In some cases, Spanish law includes forced heirship rules, which may affect how assets are distributed.

    However, under European regulations, it may be possible in certain circumstances to choose the law of your nationality to apply to your estate.

    Because of this, inheritance planning involving Spain often requires careful consideration.

    Having More Than One Will

    It is possible to have:

    • a will in your home country, and
    • a separate Spanish will dealing specifically with assets located in Spain

    This approach is commonly used to ensure that each jurisdiction can deal with assets more efficiently.

    However, it is important that multiple wills are properly coordinated to avoid conflicts.

    What Happens Without a Spanish Will?

    If a person dies without a Spanish will but owns assets in Spain:

    • the inheritance process may take longer
    • additional documentation may be required
    • foreign documents may need to be translated and legalised
    • the process may become more complex for heirs

    While it is still possible to deal with the estate, the process is often less straightforward.

    Spanish Property Owners

    Many UK nationals who own property in Spain choose to make a Spanish will as part of their overall planning.

    This is particularly relevant for those who:

    • own a holiday home in Spain
    • have long-term ties to Spain
    • intend to pass property to family members
    • wish to simplify inheritance procedures

    Legal Advice on Spanish Wills

    Inheritance matters involving Spain can involve both Spanish law and international considerations.

    Solicitor in Spain provides legal guidance to clients who require assistance with Spanish wills and inheritance matters, helping them understand the available options.

    Consultation

    If you own property in Spain and would like to discuss whether a Spanish will may be appropriate in your circumstances, you can request an initial consultation.

    An initial consultation (30 minutes) costs £50, during which we will review your situation and provide preliminary legal guidance.

    If you decide to instruct us following the consultation, the consultation fee will be deducted from the total fee for the services agreed, where applicable.

    Please note that legal advice can only be provided as part of a formal consultation.

    Contact

    If you would like to discuss your situation, you can contact us through the website.

    We will review your enquiry and explain the possible next steps.

  • Buying Property in Spain as a UK Resident: Legal Steps Explained (2026)

    Buying property in Spain remains a popular option for UK residents, whether for a holiday home, retirement, or investment.

    However, purchasing property in Spain involves a different legal system and procedures, which can be difficult to navigate from abroad.

    This guide explains the main legal steps involved in buying property in Spain in 2026, and what UK buyers should consider before proceeding.

    Can UK Citizens Buy Property in Spain?

    Yes. UK citizens can still buy and own property in Spain without restrictions.

    Brexit has affected immigration rules, but it has not changed the ability of UK nationals to purchase property in Spain.

    However, owning property does not automatically grant the right to live in Spain. If you intend to stay for extended periods, you may need to consider visa or residence options.

    Step 1: Obtain an NIE Number

    Before purchasing property in Spain, you will need a Número de Identidad de Extranjero (NIE).

    This is a tax identification number required for:

    • buying property
    • paying taxes
    • opening a bank account in Spain

    Without an NIE, you cannot complete the purchase.

    Step 2: Open a Spanish Bank Account

    Although not strictly mandatory, it is highly advisable to open a Spanish bank account.

    This will be necessary for:

    • paying the purchase price
    • covering taxes and fees
    • setting up utility payments

    Step 3: Property Checks and Due Diligence

    One of the most important stages is ensuring that the property is legally sound.

    This may involve:

    • verifying ownership at the Land Registry
    • checking for debts or charges on the property
    • confirming planning permissions and legal status
    • reviewing contracts and documentation

    Carrying out proper checks before purchase is essential to avoid future legal issues.

    Step 4: Private Purchase Contract

    Once the initial checks are completed, the parties usually sign a private purchase contract.

    At this stage, the buyer typically pays a deposit.

    The contract will set out:

    • the agreed purchase price
    • payment terms
    • completion date

    Step 5: Completion Before a Notary

    The final step is signing the public deed of sale (Escritura) before a Spanish notary.

    At this stage:

    • the remaining balance is paid
    • ownership is formally transferred
    • the transaction is recorded

    After completion, the property is registered in the buyer’s name at the Land Registry.

    Taxes and Costs

    Buying property in Spain involves additional costs, which may include:

    • property transfer tax (or VAT for new properties)
    • notary fees
    • land registry fees
    • legal fees

    These costs can vary depending on the region and the nature of the property.

    Important Considerations for UK Buyers

    When buying property in Spain as a UK resident, it is important to consider:

    • whether you plan to spend long periods in Spain
    • visa or residence requirements
    • tax implications in Spain and the UK
    • inheritance considerations

    Many UK buyers also consider making a Spanish will if they own property in Spain.

    Legal Advice for Property Purchases in Spain

    Buying property abroad involves legal risks if the process is not properly understood.

    Solicitor in Spain provides legal guidance to UK and international clients purchasing property in Spain, helping them understand the legal procedures and avoid potential issues.

    Consultation

    If you are considering buying property in Spain, you may request an initial consultation.

    An initial consultation (30 minutes) costs £50, during which we will review your situation and provide preliminary legal guidance.

    If you decide to instruct us following the consultation, the consultation fee will be deducted from the total fee for the services agreed, where applicable.

    Please note that legal advice can only be provided as part of a formal consultation.

    Contact

    If you would like to discuss your situation, you can contact us through the website.

    We will review your enquiry and explain the possible next steps.