Will your home-country will be valid and usable in Spain?

Key rules

• Validity: A foreign will is generally valid in form in Spain without being redone.
• Public order: Clauses that clash with Spanish public-order rules will not be applied.
• Before anyone acts: Institutions need the will legalised, translated and protocolised by a Spanish notary first.
• EU cases: A European Certificate of Succession can replace some steps in EU matters.

Is a foreign will valid in Spain?

Usually, yes. Many foreign wills are formally valid in Spain, but they need legalisation, sworn translation and protocolisation before banks, registries and other institutions act on them.

A will is generally valid in form if it follows the rules of any one of these:

• the place where it was made
• the nationality of the person who made it
• their domicile or habitual residence
• the place where real property is located

You do not normally have to redo the will just because you moved to Spain.

Where validity stops

Two limits apply.

• The will must respect Spanish public-order rules. A clause that clashes with them will not be applied.
• Form is not the same as content. Matters such as forced heirship (shares the law reserves for certain relatives) follow the law that governs the succession. Normally that is the law of the country where the person lived habitually at death, unless they chose the law of their nationality in the will.

These rules apply to deaths from 17 August 2015. If your case involves a will that mixes countries, residences or property, a Spanish notary or lawyer can tell you which law governs it.

Making it usable: the usual order

Do it in this order.

1. Get an official copy of the will and the death certificate from the country of origin.
2. Get an apostille on each one from the competent authority in that country. If the country is not part of the apostille system, the documents must instead be fully legalised through the Spanish consulate.
3. If the documents are not in Spanish, order a sworn translation from a traductor jurado.
4. Request a certificate of last wills from the foreign country. It shows which will is the latest.
5. Ask a Spanish notary to protocolise the will, meaning attach it to a notarial deed. In certain cases a judge does this instead.
6. The heirs then sign the deed of acceptance of the inheritance.

The documents list and checklist below carry the full detail. Requirements vary by notary and registrar, so ask the notary what they want before you pay for translations.

A shortcut inside the EU

In many EU cases, a European Certificate of Succession can replace some of these steps. Ask the notary whether it fits your case.

Documents needed to use a foreign will in Spain

• An official copy of the foreign will, issued in the country where it was made.

• The death certificate from the country of origin.

• An apostille on both the will copy and the death certificate, issued by the competent authority of that country. If the country is not part of the 1961 Hague Convention, full legalisation through the Spanish consulate is needed instead.

• A sworn translation into Spanish by a traductor jurado (an officially sworn translator), if the documents are not in Spanish.

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

• Protocolisation of the will before a Spanish notary, who attaches it to a notarial deed. In certain cases a judge does this instead.

• The Spanish deed of acceptance and allocation of the inheritance (escritura de aceptación y adjudicación de herencia), signed by the heirs. You need it to register property.

• An EU European Certificate of Succession, which can be used instead of some of these steps in EU matters.

Checklist

• Check that the will follows the form rules of the place where it was made, your nationality, your domicile or habitual residence, or where the property is.

• Check that nothing in the will clashes with Spanish public-order rules.

• Get an apostille on each document from the competent authority of that country, or have them legalised through the Spanish consulate if the country is not part of the Hague Convention.

Frequently asked questions

Can a will made in my home country be valid in Spain without being redone?

Yes, a will made abroad is generally valid in Spain if it follows the form rules of the place where it was made, your nationality, your domicile or habitual residence, or where the property is.

What if my country did not join the Hague apostille system?

If your country is not part of the 1961 Hague Convention, the documents must be fully legalised through the Spanish consulate instead of getting an apostille. The rest of the steps stay the same, including the sworn translation and protocolisation before a Spanish notary.

Can a European Certificate of Succession replace some of these steps?

Yes, in many EU matters a European Certificate of Succession can be used instead of some of the legalisation and protocolisation steps. Ask the Spanish notary handling the estate whether it fits your case.