Understanding Spanish will: types, benefits, and key considerations

Last updated on June 30th, 2025 at 02:22 pm.

Making plans and arrangements for when you die isn’t easy. However, it is an important process to go through and perhaps even more so when you have property in another country. There are many differences in the way inheritance works in Spain in comparison to elsewhere.

It is important that you know what it entails and have taken action to ensure that your wishes will be fulfilled and your assets are protected for those you care about.

Succession laws

In Spain, as in the rest of the EU, the law applicable to inheritance proceedings is generally that of the deceased’s last habitual residence. However, it is possible to expressly choose the law of one’s nationality instead. Spanish succession law requires that a proportion of the estate must be left to legal beneficiaries such as your spouse and children. Children and descendants must inherit two-thirds of their parents’ inheritance. Other nationalities living in Spain can follow the succession law of their own country if they prefer. However, EU legislation means that this intention must be declared in your Spanish will. If the correct clause isn’t included then the distribution of your inheritance will automatically revert to Spanish law. If you have no will at all, then Spanish law will also apply.

Making a Spanish will

Although it’s not compulsory to make a Spanish will, we recommend that people with assets in Spain do so, even if they have already made a will in their home country. A will made in another country must be translated by an official translator before it will be accepted in Spain. There are also additional legal arrangements to be made which can complicate the process at a time when your family can least afford it.

So, making a Spanish will helps simplify the process when beneficiaries come to inherit as there will be no need for an official translator, or for the Foreign Office or lawyers in your country to be involved.

Any foreigner, resident or non-resident can make a Spanish will leaving Spanish assets to anyone they choose as long as their national law allows this and they declare this as their intention in the will itself.

When making a will in Spain, you should consider the best way to divide your estate to minimise the Spanish inheritance tax that your loved ones will have to pay.

For example, dividing your property between several people can mean that there is less inheritance tax as each person will have their own threshold rather than a single sum.

Types of wills in Spain

Spanish law recognises many different types of will. However, for the purposes of this article, let us consider the three main ones:

• Open will. This is the most common type of Spanish will. It is drawn up by a public notary in accordance with the law and must be signed in the presence of the public notary. It is then registered in the Public Registry.
• Closed will. This is usually drafted in secret and then sealed in an envelope. It is recommended that a legal professional be consulted to ensure that it meets the legal requirements. The envelope is then signed by a notary and two witnesses and registered at the national registry.
• Holographic will. This is the simplest and most cost-effective way of making a will in Spain. However, it is also the easiest to contest and the most difficult to execute. It is a handwritten document and can be registered voluntarily in the National Registry. When the testator dies, the will is then authenticated by a judge, who will usually require at least two of the deceased’s closest relatives to attest to the testator’s handwriting.

The advantages of making a Spanish will

• It simplifies the handling of your affairs.
• Ensures that your wishes can be carried out in accordance with both Spanish formalities and the law of your nationality.
• Forward planning can help to reduce the inheritance tax bill.
• It makes it easier for your heirs to arrange inheritance tax payments.
• It will deal more effectively with your Spanish assets but will not affect assets in another country.
• Spanish wills are kept safely at the Notary’s office, where they are signed and registered in the ‘Registro General de Actos de Última Voluntad’.
• It gives you peace of mind that everything is legal and above board.

Consequences of not making a Spanish will

• All documents must be translated by a sworn translator and sealed with the Hague Convention Apostille.
• The process will be more expensive
• It increases the likelihood of family disputes
• There is a risk that delays may result in tax penalties.

The information you need to provide when making a Spanish will

In addition to what we have already mentioned in this article, when making a Spanish will, you will need to provide the following information:

• Your marital status 
• Your occupation 
• The first name of each of your parents (including your mother’s maiden name) and whether each of them is living or deceased
• The name of each person to whom you have been married
• The name of each of your children and the identity of the other parent
• The law you wish to apply to your Spanish estate in the event of your death: either the law of your country of nationality or the law of the country where you are ordinarily resident. In addition, a wife must be identified by both her maiden name and her married name.

Preparing a will

A husband and wife must each make a separate will. The will is drawn up in two languages – one in Spanish and the other in the chosen language. The will is then taken to the notary where it is signed and authenticated. The notary will keep the original and you will receive a copy for your records. The will is then registered at the Central Wills Registry in Madrid (Registro Central de Actos de Última Voluntad).

Any will you make later in your home country should make it clear that it applies only to assets in that country.

Otherwise, it will take precedence if it refers to ‘everything’ and is dated after the Spanish will. This may mean that your Spanish assets are distributed in the same way as your home country assets, which may not reflect your wishes.

Once you have made a will, it is best to let your heirs know what to expect and who to contact.

Changing your will

All Spanish wills are registered in Madrid. This has both advantages and disadvantages. It means that a copy of your latest Spanish will is always easy to find.

However, it also means that you can’t just make changes to it. The whole will has to be rewritten if you change your mind or circumstances change. For this reason, you may be advised not to go into too much detail when making your will.

Donating property

Some people prefer to donate their property rather than bequeath it when they die. If you do decide to do this, you still need to go through the process of signing a new title deed. This process is called the ‘Donación de bienes’ and is a gift from the donor to the donee.

You will still have to pay tax on the property you are giving away. This is called the Inheritance and Gift Tax (Impuesto sobre Sucesiones y Donaciones). You will also have to pay fees such as notary, land registry and lawyer’s fees.

However, there are advantages to this approach, as it allows you to organise your assets and ensure that all taxes are declared during your lifetime. It can also mean that if your health deteriorates, your children will not have to apply for a power of attorney in the future. Of course, always make sure that this is the right move for you and your family.

Donating your property does not mean that you can no longer live in it. However, you will no longer officially own the property and decisions regarding it will be made by those who are now the official owners.

Although the United Kingdom has left the EU and has become a third country for many aspects of Spanish law, this is not the case when it comes to inheritance and gift tax. British nationals are still subject to the same rules and regulations as EU nationals, which means that nothing has changed with regard to inheritance and gift tax after Brexit. 

Taking these steps sooner rather than later can make the whole process easier and cheaper for those you are bequeathing your property to.

In conclusion

We hope that this article has clarified how wills work in Spain. It may sound a little daunting because it is different from the process you are familiar with in your home country.

To make things easier,  it is worth discussing your intentions with Ábaco staff. They will be able to advise you and draw up your will in both your own language and in Spanish. This will ensure that your wishes are clearly and accurately laid out. From here we will pass the will on to the Notary for execution.

The appointment with the notary is organised by Ábaco and a member of our multilingual staff will accompany you there. There is no need to worry about your wishes being lost in translation as they will ensure that everything is clearly translated and accessible to you.

Our will creation service includes legal and tax advice, drafting, translation, notary fees and registration at the Registry. There’s nothing for you to worry about. However, you will need to provide us with the relevant documentation, including your passport, residence details or NIE number.

However difficult the conversation may be, once you have made your will and expressed your wishes, you should feel better knowing that your forethought will help your heirs.

Originally published on 20 04 2025 and updated on 12 06 2025.