Help with making a will in Spain
Secure your legacy in Spain with expert guidance on wills and inheritance.
Wills and inheritance in Spain, made simple
Spanish Last Wills and Probates
According to Spanish civil Law, the inheritance law that applies to foreigners is the Law that applies in their home country, even if they make their Last Will in a different country, i.e. Spain. However, since 17th of August 2015, according to the Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, you can choose between your national law or the Law where you are domiciled (article 22.1).
It will make things easier for your heirs if you have a Spanish will drawn up and signed in Spain.
Our fee includes drafting out your Will by email and assisting at the notary office as translator.
The inheritance tax will depend on the person inheriting the testator’s properties, value of the properties/estate, and the Spanish area where he/she was last domiciled. It is mandatory to submit the inheritance tax form within six months after the testator is deceased.
If you have inherited a real estate in Spain, we would be able to help you on the property’s registration, payment of taxes, etc. Please ask for an estimate of the costs involved and/or the best way to proceed and documents required.
Please contact us for further advice about tax benefits.
Your Questions, Answered
Do I need a Spanish will if I already have one in my home country?
Yes, it’s highly recommended. A Spanish will simplifies the legal process in Spain and helps avoid delays, costs, and complications for your heirs. It complements your existing will and only applies to your Spanish assets.
Can I choose which country’s law applies to my inheritance?
YES. According to the Regulation (EU) No 650/2012, you can choose between your
national law or the Law where you are domiciled (article 22.1). Choice must be clearly stated in your Spanish will to avoid Spanish succession rules being applied by default.
What happens if someone dies in Spain without a Spanish will?
The estate will be distributed according to Spanish inheritance law, which includes strict rules on forced heirs (such as children). The process can be longer and more costly, especially for foreign heirs. Having a Spanish will in place streamlines probate significantly.
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Victorio has represented us. House purchase, power of attorney. And other matters. Very thorough, and very reasonable prices. He is based in Baza
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Recommended by the Realtor, Victorio has been professional and attentive throughout the entire process of purchasing our Spanish home.
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Victorio looks after all our legal matters in Spain and has been doing so since 2006. Always responsive and great value for money.
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C/ Rubén Darío, S/N, Plaza
Al-Andalus, portal 3, local 5,
18800, Baza – Granada