Will Strategy · Two Wills
If you own property in Spain and assets in another country, having one will is almost never the right answer. Two carefully coordinated wills — one Spanish, one foreign — give your heirs the clearest, fastest and cheapest succession process possible.
The core principle
Most international families with a Spanish property assume their home-country will covers everything — including the Spanish apartment or villa. It does not work that way in practice. A UK grant of probate, a US executor letter or a German Erbschein has no automatic legal effect in Spain. Your heirs will need to open a separate Spanish succession process regardless of what your home will says.
The better approach is to plan ahead: make a Spanish notarial will that covers only your Spanish situs assets, and keep your home-country will for everything else. The result for your heirs:
A Spanish notarial will is registered centrally and found within days. There is no need to apostille and translate a foreign will, then wait for a Spanish court to recognise it.
Avoiding the recognition of a foreign will before a Spanish notary saves notary fees, translation costs and legal time. A clean Spanish will goes straight to the notary for acceptance.
A properly drafted Spanish will lets you structure who receives which Spanish assets in a way that maximises the regional inheritance tax bonifications — sometimes reducing the tax to zero.
Your Spanish will can include a professio juris clause under the EU Succession Regulation, electing your national law. For British nationals this means no forced heir rules apply to Spanish assets.
With two coordinated wills every asset is covered. There is no ambiguity about which will governs the Spanish property and no risk of a conflict between your two wills.
If you later move countries, only one of your two wills needs updating — the home-country one. The Spanish will continues to govern your Spanish assets regardless of where you die.
Critical risk
This is the most common — and most damaging — mistake we see. A standard Spanish notarial will contains a clause that reads, in effect: "I revoke all previous wills and testamentary dispositions."
If you sign a Spanish will after your UK, Irish or German will, that standard clause revokes your home-country will. Your heirs may then discover that the only valid will you left was the Spanish one — which covered only your Spanish apartment — leaving your home-country estate intestate.
Equally, your home-country will must not contain a broad revocation clause that catches your Spanish will. We advise on both sides of the coordination and, where needed, liaise with your home-country solicitor or notary.
What each will covers
| Spanish Will | Home-Country Will |
|---|---|
| Residential property in Spain (apartment, villa, land) | Property in the home country and all other countries |
| Spanish bank accounts | Bank accounts outside Spain |
| Shares in Spanish companies (S.L., S.A.) | Investments, pension funds and financial assets outside Spain |
| Spanish motor vehicles registered in Spain | Vehicles and personal property outside Spain |
| Any other asset physically located or registered in Spain | Everything else — including digital assets and businesses |
The legal framework
Since August 2015, EU Regulation 650/2012 — commonly called Brussels IV or the EU Succession Regulation — governs which country's law applies to the succession of EU-based assets. The default rule is the law of habitual residence at death. For someone living in Spain and dying there, Spanish law would apply by default — including Spanish forced heir rules (legítima).
Brussels IV allows you to make an explicit choice of the law of your nationality to govern your succession. This is called the professio juris and it must be made expressly in your will. For most British, Irish, American, Australian and other non-EU nationals:
If you do not make a choice of law, and Spanish law governs your succession, Spanish forced heir rules apply to your Spanish assets. Under Spanish law, children are entitled to two-thirds of the estate (legítima estricta of one-third, plus mejora of one-third which can be allocated among children). The remaining one-third (libre disposición) can be left freely. A spouse has usufruct rights over the mejora third. Without a professio juris in your Spanish will, you cannot freely leave your Spanish apartment to your partner, a step-child or a charity if you have biological children.
The process
We discuss your assets in Spain and abroad, your family situation, and your wishes. We advise on the choice of law and how best to structure the Spanish will to minimise inheritance tax for your heirs.
We draft the Spanish will in Spanish (as required for notarial purposes) with a full English translation. The draft includes the geographic limitation clause, the non-revocation clause, and — where appropriate — the professio juris.
We review your existing home-country will (or liaise with your home solicitor) to ensure the two wills are compatible and neither accidentally revokes the other.
You can sign your Spanish will before a Spanish notary in Spain, or before the Spanish consulate in your home country. We arrange the appointment and attend with you — or by power of attorney if needed.
All Spanish notarial wills are automatically registered with the Registro Central de Actos de Última Voluntad in Madrid. When you die, your heirs can find and obtain a certified copy within 15 days.
We recommend reviewing your Spanish will whenever you acquire or dispose of Spanish assets, change your family situation, or relocate. We offer a simple review and update service.
Common questions
Yes — and for most people with Spanish property it is the recommended approach. Each will covers assets in its own jurisdiction. The key is that they must be carefully coordinated so that signing one does not accidentally revoke the other. We handle the Spanish side and advise on the coordination requirements.
It can, if the Spanish will contains a standard revocation clause — which most do by default. A properly drafted Spanish will must explicitly limit its scope to Spanish situs assets and include a non-revocation clause so it does not affect your home-country will. This is one of the most important drafting points and one we always address.
No. A UK will may validly dispose of Spanish assets under some circumstances, but your heirs will still need to go through the full Spanish succession process — obtaining a Spanish apostille of the probate, translating it, presenting it to a Spanish notary, paying Spanish inheritance tax, and registering the property. A dedicated Spanish will removes most of this complexity and cost.
Under the EU Succession Regulation (Brussels IV), the default is the law of your habitual residence at death. Non-EU nationals (UK, US, Australian, etc.) can elect their national law via a professio juris clause in the Spanish will. Without such a clause, if you are resident in Spain when you die, Spanish forced heir rules (legítima) will apply to your Spanish assets.
If Spanish law applies, your children are forced heirs (legitimarios) entitled to two-thirds of your estate. By including a professio juris clause choosing your national law (for example, English law, which has no forced heir rules for adult children), you may be able to leave Spanish assets freely. We advise on this for every client who makes a Spanish will.
Our fee for drafting and advising on a Spanish will — including the professio juris analysis and coordination with your home-country will — is transparent and agreed upfront. Notary fees for a standard will are typically €90–€150. Contact us for a quote.
We draft your Spanish will, coordinate it with your home-country will, and explain everything in plain English. Free first consultation — no commitment required.