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.