The full guide
Why make a Spanish will?
If you own property or money in Spain, a Spanish will makes things much faster for your heirs. Without one, they may need to prove your foreign will in Spain, with apostilles, translations and legal opinions, before they can access anything. A Spanish will is recognised immediately by Spanish notaries and banks.
Which country’s law applies?
Since 2015, the EU Succession Regulation has applied in Spain. By default, your whole estate is governed by the law of the country where you were habitually resident when you die. If you live in Spain, that means Spanish law, including forced heirship, which reserves part of the estate for children.
You can avoid that by choosing the law of your nationality in your will. Many British, Irish and American residents choose their home law so they can leave assets freely. If your country has several legal systems, such as the UK or US, the will should name which one.
How to make the will
Step | Details |
|---|---|
Book a notary | Any notary in Spain; many work with foreign clients |
Bring | Passport and NIE |
Language | If you don’t understand Spanish well, the notary may ask for an interpreter |
Cost | About €40 to €80 for a simple open will (2026) |
Registration | The notary records it in the central register of wills |
Two wills, one plan
Many people have a will at home and a Spanish will for Spanish assets. That works, but the wording must be careful: a new will can revoke earlier ones unless it says otherwise. Ask both your home lawyer and the notary to check that each will covers only its own assets.
Inheritance tax
In Spain, heirs pay inheritance tax, not the estate. Rates and reliefs depend on the region and the relationship. Many regions, including Madrid and Andalucía, give large reliefs to spouses and children. Non-resident heirs can usually apply the rules of the region where the assets are.
Powers of attorney and advance directives
A will only takes effect after death. Consider a power of attorney that continues if you lose capacity, and an advance directive (documento de instrucciones previas) for healthcare decisions. Both are made at a notary, and the directive can also be registered with your regional health service.
Frequently asked questions
Do I need witnesses?
Not usually for an open will at a notary, except in special cases such as when you can’t read or sign.
Can I change it later?
Yes, at any time, with a new will at a notary. The latest valid will applies.
Related reading: Do You Need a Spanish Will?
