Protect Your Spanish Assets with a Legally Valid Spanish Will
If you own property or investments in Spain, having a Spanish will is essential.
Spanish Legal helps UK clients draft clear, compliant wills that protect their wishes and avoid costly legal complications.
Why You Need a Spanish Will (Even If You Already Have a UK Will)
Many UK nationals own property or financial assets in Spain but haven’t taken the crucial step of preparing a local will. It’s a common misconception that a UK will covers everything. While a UK will can address international assets, Spanish authorities follow their own legal processes and may not accept foreign wills without extensive legalisation and delay.
Having a Spanish will streamlines probate, avoids conflict with Spanish inheritance law, and helps your family settle your estate more quickly and affordably. Spanish Legal ensures your Spanish will is written in harmony with your UK will to avoid duplication or contradiction.
Benefits of having a Spanish will:
Faster, simpler probate process in Spain
Avoids the need for costly translations and legalisations
Ensures your wishes are upheld under UK law
Reduces stress and burden on your family
What Makes a Spanish Will Legally Valid?
In Spain, a valid will is typically made as a notarised open will or testamento abierto. This involves signing the will in front of a Spanish notary, with your chosen legal framework clearly stated—usually UK law for British citizens. The will is then submitted to the Spanish Central Wills Registry to be formally recorded.
Spanish Legal handles the entire process for you, including:
- Drafting the will in both English and Spanish
- Including all required legal language and UK law references
- Coordinating your notary appointment in Spain
- Registering your will with the Spanish Wills Registry
Can I Leave My Spanish Property to Anyone I Choose?
Yes, but only if your Spanish will is drafted correctly. By default, Spanish law enforces forced heirship rules, which mean a set portion of your estate must go to your children or other close relatives. Even if your UK will says otherwise, Spanish law could take precedence unless your Spanish will clearly states that UK law applies.
To maintain full control over your Spanish assets, your will must:
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State that UK law governs your estate
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Clearly name your chosen beneficiaries
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Be signed before a Spanish notary
Spanish Legal ensures this critical clause is correctly included and legally enforceable.
What Happens If You Don’t Have a Spanish Will?
If you pass away without a Spanish will:
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Your UK will (if you have one) must be translated, legalised, and approved
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Probate in Spain may be delayed by several months
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The inheritance process becomes more complex and costly
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Spanish default rules determine who inherits
In many cases, this means:
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Children and spouses inherit automatically
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Unmarried partners or stepchildren may be excluded
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The estate may require a formal declaration of heirs
Creating a Spanish will removes uncertainty and gives you control over who benefits from your estate.
Can I Make My Own Will in Spain?
While it is legal to create a handwritten (holographic) or private will in Spain, these are often challenged or rejected by notaries and the courts. The most secure option is a notarised open will, which is formally witnessed and registered.
Risks of DIY or handwritten wills:
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May lack required legal wording
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Can be declared invalid by a notary
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Often lead to delays or disputes among heirs
Spanish Legal ensures your will is properly prepared, signed, and registered—so your wishes are upheld with confidence.
How Spanish Legal Can Help You
At Spanish Legal, we offer a comprehensive, client-focused service for British individuals with assets in Spain. Whether you need a new Spanish will or want to ensure an existing will is legally valid, we’re here to support you from start to finish.
Our service includes:
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Drafting bilingual wills that align with your UK estate plan
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Legal review of your existing UK or Spanish wills
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Coordination with trusted Spanish notaries
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Registration with the Spanish Central Wills Registry
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Fixed pricing, clear timelines, and personal support
We’ve helped hundreds of UK clients secure their legacy in Spain and reduce the burden on their families with our simple process below.
Step 1: Your Will Is Drafted In English & Spanish
Your will is prepared clearly and accurately in both English and Spanish to avoid misinterpretation and ensure legal clarity. Spanish Legal includes all necessary legal terminology and references to ensure the document is valid in Spain and aligns with your UK estate planning.
Step 2: Will Is Signed Before A Spanish Notary
The will is formally signed in the presence of a Spanish notary (notario), who confirms your identity, witnesses your signature, and certifies the document as legally binding. Spanish Legal organises the appointment and ensures you’re fully prepared.
Step 3: Will Is Registered With Central Wills Registry
Once signed, your will is filed with the Registro de Últimas Voluntades (Spanish Central Wills Registry), making it officially recognised by authorities. This step ensures the will can be easily located and enforced when needed.
Why choose us?
With decades of experience helping UK clients protect their assets in Spain, we make the Spanish will process simple, compliant, and fully aligned with your wishes.
Our service includes:
– Drafting your will in English and legally correct Spanish
– Ensuring it works in harmony with any existing UK will
– Coordinating notarisation and official registration in Spain
– Guiding you through every step with clear, expert advice
Spanish Wills – Frequently Asked Questions
These are some of the most common questions we’re asked by UK clients preparing a Spanish will or reviewing their estate planning.
Does a UK will override a Spanish will?
No. Both can be valid if drafted correctly, but they must be coordinated to avoid conflict.
Can I have separate wills in different countries?
Yes—and it’s recommended. Each will should refer only to assets in that specific country.
Do children automatically inherit in Spain?
Only if you don’t specify otherwise. Spanish law enforces forced heirship unless your will opts for UK law.
What types of wills exist in Spain?
The most common is a notarised open will. Others include closed or handwritten wills, which are rarely used and more legally risky.
What happens if someone dies without a will in Spain?
Spanish law applies a fixed order of inheritance. A formal declaration of heirs is required before assets can be distributed.
How much does a Spanish will cost?
Spanish Legal offers transparent, fixed-fee packages that include drafting, translation, and registration.
A Single Will: £425 plus disbursements
Couple’s Wills & Property Monitoring: £750 plus disbursements
Prices are VAT exempt
Can I write my own Spanish will?
You can, but it’s risky. Without proper legal structure and wording, your will could be rejected.
Is a Spanish will valid in the UK?
Yes, provided it meets local legal standards. Spanish Legal ensures both wills work together without conflict.
Can an English will revoke a Spanish will?
Only if clearly stated. It’s best to formally revoke and replace a Spanish will through a notary.
How do I register or find a Spanish will?
Wills notarised in Spain are recorded in the Central Registry. Spanish Legal can access or register wills on your behalf.
How long does probate take in Spain?
Typically 3–6 months, but delays can occur without a will or if documents are missing.
Do I need an executor in Spain?
Not necessarily. Spanish law allows heirs or legal representatives (like Spanish Legal) to manage the process.
Need Help? Let Spanish Legal Handle It For You
Avoid the stress and uncertainty of unclear estate planning. We’ll ensure your Spanish will is drafted correctly, legally recognised, and gives your loved ones clarity, protection, and peace of mind.