Coordinating wills in two countries so they do not cancel each other

Key rules

• Scope: Each will should cover only the assets in its own country.
• Revocation: Avoid general revocation clauses; revoke only earlier wills of the same country, naming them where possible.
• Cross-reference: Each will should say it does not revoke the will made for the other country.
• Choice of law: Foreign nationals usually choose their national law in both wills so the same law applies.
• Review: Have a Spanish lawyer read both wills together before you sign or keep existing ones.

The short answer

Make one will for each country. Each will covers only the assets in its own country. Neither will should contain a general clause cancelling all earlier wills. This is the standard way to stop two wills from wiping each other out.

Why a general revocation clause is dangerous

Many wills say "I revoke all previous wills." In a foreign will, that sentence can cancel your Spanish will too. Spain accepts a revocation as valid if it meets the form rules of any of several qualifying laws. So a worldwide clause in a later foreign will can undo your Spanish will without anyone intending it.

Whether a particular clause really cancels a Spanish will depends on its exact wording and on the law governing that will. A Spanish lawyer should read both wills together.

How to draft each will

The Spanish will. Sign it before a Spanish notary. It should:

• cover only assets located in Spain, and say so;
• contain no general revocation clause;
• revoke only earlier Spanish wills, naming them where possible;
• state that wills made in other countries remain valid.

The foreign will. Draft it the same way, for its own country's assets. It should revoke only earlier wills of that country, naming them where possible. It should say expressly that it does not revoke your Spanish will.

Both wills together. Give them consistent beneficiaries. Name executors who can act in each country. The notary will check the Spanish wording against your foreign will, so bring a copy.

Choosing one law for both wills

If you are a foreign national, you can usually choose your national law to govern your estate, and you should choose it in both wills so the same law applies. Spanish rules on the legítima (the share the law reserves for certain close relatives) then do not apply. This option is not for Spanish nationals, who cannot avoid the Spanish rules in the same way.

Your foreign country may not follow EU rules on this choice. Have the choice of law checked in both countries before you sign.

If you already have wills in two countries

Do not sign anything new yet. Have a Spanish lawyer read both wills and look for general revocation clauses. If the wording is a problem, the usual fix is to make new wills in both countries, drafted as above.

The warning, checklist and decision blocks below cover common mistakes, a review list and the options in more detail.

Choosing between options

How should you draft your wills in two countries so they do not cancel each other?

• Two wills, each limited to its own country's assets: You own assets in Spain and abroad and have no general revocation clause in either will. Each will revokes only earlier wills of its own country and says the other country's will stays valid.

• Review and fix wills you already have: One of your wills already says it revokes all earlier wills. A lawyer checks the wording against both wills, and if needed you make new wills in both countries.

• Choose your national law in both wills: You are a foreign national and want one law to apply to everything. Say so in both wills. This does not work the same way for Spanish nationals.

Never use a general revocation clause. Limit each will to its own country's assets, revoke only earlier wills of that country, and have a Spanish lawyer review both wills together.

Estate plan review checklist for two-country households

Estate plan review checklist

• Check that each existing will, in Spain and abroad, says whether it revokes earlier wills, and that a new will explicitly revokes the ones you want replaced.

• Choose and state in your will which country's law should govern your estate, if you want your nationality's law instead of the law of your country of residence.

• List your life insurance and pension policies and check who is named as beneficiary on each. They pay the named person directly and do not pass through your will.

• Ask a Spanish lawyer or gestor how a foreign policy or pension nomination is treated in Spain and how the payout is taxed in the beneficiary's region.

• Check how each joint bank account is held. The survivor may only be able to take their own share, and the bank may block the rest until the heirs present the paperwork.

• Tell your heirs which bank branches hold your accounts, and which documents the banks will ask for: death certificate, will certificate and proof of inheritance tax payment or exemption.

• List your online accounts and digital assets, and write down who may access, copy, keep or delete them.

• Leave digital instructions in your will or in the provider's own legacy tool, and name someone to carry them out.

• Review your will after a divorce or separation, because ex-spouse gifts may still stand in some places.

• Update your will after the birth or adoption of a child, so no child is left out and the heir appointment is not challenged.

• Review your will after a move to Spain, to another country or to another Spanish region, because the applicable law or your regional civil law status may change.

• Revisit your will after you buy or sell property, or when your family or the value of your estate changes.

Will mistakes that cost foreign residents their plan

• General revocation clauses: A new will that says it cancels all earlier wills can wipe out your will in another country, even if you only meant to cover Spanish assets. A later will only replaces an earlier one where it says so or conflicts with it. Name each will you are replacing and say which ones stay in force, and have both countries' wills drafted or checked together.

• Joint wills: Spouses cannot make one joint will in Spain's common law territory. Some regions, such as Navarre, Aragon and Galicia, allow them, while Catalonia prohibits them. A joint will made abroad may not work between people under Spanish law. Make separate wills, one for each spouse, and check with a Spanish notary before relying on any joint will.

• Assuming you can leave your estate to anyone: Under the common Spanish rules, children and descendants are protected for two thirds of the estate, leaving one third freely disposable. Without children, parents may be entitled to one half, or one third if the spouse survives. The surviving spouse also has a usufruct (a right to use or live off the assets). Siblings have no protected share. Some regions have different rules. Ask a Spanish lawyer how much of your estate you can freely leave, before you sign.

• Assuming the survivor gets everything: A joint account or a spouse does not automatically take everything. The deceased's share of a joint account forms part of the estate and passes to the heirs, and the bank may block it until they show the paperwork. Name heirs clearly in your will, and check with your bank what it needs from the survivor.

Frequently asked questions

Can a worldwide revocation clause in my home-country will cancel my Spanish will?

Yes, a general clause revoking all earlier wills in a foreign will can cancel your Spanish will if the law governing that later will treats it as valid. Spanish notaries see this as a real risk, because it can wipe out a will covering assets in another country.

What should each will say so it does not cancel the other?

Each will should cover only the assets in its own country and revoke only earlier wills of that same country, naming them where possible. It should also state expressly that it does not revoke the will made for the other country. Your Spanish will, signed before a Spanish notary, should say that wills made in other countries remain valid.

Should both wills choose the same law to govern my estate?

Yes, foreign nationals usually choose their national law in both wills, so the same law applies to the whole estate. Spanish forced heirship rules then do not apply, but this is not open to Spanish nationals. Also check that your other country accepts that choice, and keep beneficiaries consistent and executors able to act in each country.