Do you need a Spanish will if you have one at home?

Key rules

• Spanish will: Most residents and property owners should make a Spanish notarial will alongside their home will.
• Foreign will: A home will alone only works for Spanish property after legalisation, translation and extra certificates.
• Two wills: If you keep two wills, each must say it does not revoke the other and both must choose the same law.
• Cost: A simple open notarial will usually costs 40 to 70 euros in notary fees, with copies extra.

The short answer

If you live in Spain or own property here, make a Spanish notarial will alongside your home will. A foreign will can work for Spanish assets, but only after extra formalities, and that is where the friction comes from. A Spanish will avoids most of it.

Why a home will alone is rarely enough

A foreign will is accepted for Spanish assets if it is formally valid. In practice, Spanish notaries and property registries still ask for extra steps before they accept it:

• An apostille or legalisation on the document.
• A sworn translation into Spanish, if it is not already in Spanish.
• The death certificate.
• A certificate of last wills from the home country, showing which will is the latest.

Your heirs then sign a Spanish deed accepting and dividing the inheritance (escritura de aceptación y adjudicación de herencia). The will is normally protocolised first, meaning it is formally filed before a notary or court. Without these steps, the will is not accepted for registering property. Individual notaries and registrars may ask for more, so your heirs should check with the notary handling the estate. The documents list below covers the paperwork.

When one Spanish will is enough

A single Spanish will is simplest when most of your assets and heirs are in Spain. It avoids probate and the need for a Spanish grant.

When two wills make sense

Two wills, one for Spanish assets and one for assets at home, are common if you have substantial property in both places. They must be coordinated:

• Each will should say it does not revoke the other.
• Both should choose the same law, to avoid conflict.

Your choice depends on where your assets are, where you habitually live, your nationality, your family situation (blended families, children in several countries), and whether your home country and Spain recognise each other's wills. The decision tool below helps you weigh these.

What it costs

A simple open notarial will usually costs 40 to 70 euros in notary fees, often around 50 euros. Copies, extra pages and complex wishes cost more. A gestoría or lawyer who prepares it charges more. The notary's final invoice is what counts.

Before you sign

Get advice from a Spanish notary or lawyer and from a lawyer at home. Also ask about inheritance tax and the European Certificate of Succession, which proves who the heirs are. The checklist below sets out the steps.

Spanish will only, home will only, or both: which setup fits you?

Should you have a Spanish will only, a home-country will only, or both?

• Spanish will only: Most of your assets and your heirs are in Spain and you own nothing significant abroad. It is the simplest route and spares your heirs a foreign probate process.

• Home-country will only: Rarely the right choice if you own property in Spain. Your Spanish heirs would need the will apostilled, translated by a sworn translator, and backed by a death certificate and a certificate of last wills from your home country. Everything then moves more slowly.

• Two coordinated wills, one for Spain and one for home: You have substantial property in both countries, a blended family, or children in several countries. Each will must say it does not revoke the other, and both should choose the same law.

Weigh where your assets are, where you live, your nationality and your family. For most expats with assets in both countries, a coordinated pair works best. In both wills, say that you choose your nationality's law for your whole estate, so the two do not conflict. A Spanish notary will normally add this clause on request. Take advice from a Spanish notary or lawyer and from a home-country lawyer, and check inheritance tax too.

Documents you need

Documents Spanish notaries ask for when your heirs use a foreign will

• The foreign will itself, with an apostille (an official stamp that proves the document is genuine) or legalisation.

• A sworn translation of the will into Spanish, if it is not already in Spanish.

• The death certificate of the person who made the will.

• A certificate of last wills from the home country, showing which will is the latest one.

Checklist

Before you rely on a home will alone

• List where your assets are: Spain only, or Spain and abroad.

• Note your habitual residence, your nationality and where your children and heirs live.

• Ask your heirs' notary whether a foreign will alone would be accepted to register your Spanish property, or whether it needs an apostille, sworn translation and other papers.

• If you keep two wills, state in each that it does not revoke the other, and choose the same law in both.

Quick answers about wills for foreign residents in Spain

Can I make my Spanish will in English?

Yes, you can make a Spanish will in English if the notary speaks English. If the notary does not, you bring an interpreter of your choice, and the will is written in Spanish and in your language. Many notaries in areas with many foreign residents already work in English.

How much does a simple Spanish notarial will cost?

A simple Spanish notarial will usually costs 40 to 70 euros in notary fees, often around 50 euros. Copies, extra pages and a complicated will cost more.

Can my spouse and I make one joint will in Spain?

No, in most of Spain spouses cannot make one joint will in a single act; each of you needs your own will. A few regions, such as Navarre, Aragon, Galicia and parts of the Basque Country, have their own rules that allow joint wills or similar. A joint will made abroad may be recognised if its form is valid, but its content can still cause problems.

Can I change or cancel my Spanish will later?

Yes, you can change or cancel your will at any time, and you cannot give up that right. Usually you sign a new notarial will that says all earlier wills are revoked. A later will cancels the earlier one completely unless it says it keeps it.

What happens to my old will in the wills registry when I make a new one?

Your old will stays listed in the wills registry, and the new one is added next to it. The certificate shows all your wills and which notary holds each one. The most recent will is the one that normally applies.