How to Make a Will in Spain as a Foreigner: Step-by-Step Guide (2026)

You moved to Spain. You bought a property, opened a bank account, perhaps started a business. Life settled into place. But somewhere in the background, a quiet question remains unanswered: if something happened to you tomorrow, what would actually happen to everything you've built here?

For most foreign residents in Spain, the honest answer is: nobody is quite sure. The will you signed in the UK, Germany, or the Netherlands before you moved — the one sitting in a drawer at your parents' house — may not be sufficient to govern your Spanish assets. Spanish notaries, banks, and land registries have their own requirements. And without a properly executed Spanish will, your family could face months of legal complexity at the worst possible moment.

This guide walks you through exactly how to make a valid will in Spain as a foreigner: the documents you need, the process at the notary, the crucial EU law clause you should include, and what it realistically costs. It is practical, step-by-step, and updated for 2026.

Why Your Existing Foreign Will May Not Be Enough

Many expats assume that a valid will in their home country automatically covers their assets in Spain. In practice, it is rarely that simple.

Spanish banks, land registries, and courts do not automatically recognise foreign wills. Before a foreign will can be enforced in Spain, it must typically be apostilled under the Hague Convention, officially translated by a sworn translator (traductor jurado), and reviewed by a Spanish notary who must assess its formal validity under the applicable law. This process takes time, costs money, and introduces uncertainty — precisely when your family has neither to spare.

Beyond the procedural burden, there is a deeper legal issue. Under EU Regulation 650/2012, which governs cross-border succession across EU member states, your estate will by default be governed by the law of the country where you were habitually resident at the time of your death. If you live in Spain, that means Spanish law applies by default — regardless of what your British, French, or Belgian will says.

Spain has four distinct regional inheritance systems (Castilian common law, Catalan law, Basque law, and others), each with different rules on forced heirship. Without a clear election of law clause in your will, your estate could end up subject to rules you never intended.

A Spanish will, properly drafted, eliminates this uncertainty. It is the single most effective legal step any foreign resident in Spain can take to protect their family.

Why EU Regulation 650/2012 Changes Everything for Expats

Before diving into the process, it is worth spending a moment on EU Regulation 650/2012 — often called the European Succession Regulation or Brussels IV — because it reshapes how cross-border estates work.

In force since August 2015, this regulation establishes a unified framework across EU member states (with the notable exception of Denmark, Ireland, and — post-Brexit — the United Kingdom). Its central rule is straightforward: the law of the country of your habitual residence at the time of death governs your entire estate, wherever it is located across the EU.

For a British citizen living in Valencia, this means Spanish law applies to their French apartment, their Belgian investment account, and their Spanish property alike. For a German resident in Barcelona, it means Catalan law governs their succession — unless they do something about it.

That "something" is Article 22 of the Regulation, known as professio iuris or election of law. It allows EU nationals to explicitly choose the law of their nationality to govern their estate instead of the law of their residence. A German citizen living in Spain can declare in their Spanish will: "I elect German law to govern my succession." That single clause can transform the inheritance outcome for their family.

Non-EU nationals — British, American, Australian, Canadian residents of Spain — cannot use Article 22, but they can and should still have a Spanish will, which will greatly simplify the administration of their Spanish assets.

For comprehensive context on estate planning for expats in Spain, including tax planning and asset structuring, this is the foundation every expat should build from.

How to Make a Will in Spain: The Complete Process

Step 1: Find a Qualified Notary (Notario)

In Spain, wills must be executed before a notario — a public official appointed by the state whose role is fundamentally different from a solicitor or lawyer. Spanish notaries are legally trained civil servants who authenticate documents, give legal advice on the instrument they are drafting, and maintain official records. They are not advocates for either party; they are neutral guarantors of legality.

You do not need a notary in your region. Any Spanish notary in any province can prepare your will. However, if you are purchasing property in a specific area, it can be convenient to use a notary familiar with local cadastral records.

Practical ways to find a notary:

You do not need to hire a lawyer to make a Spanish will, but for estates with significant complexity — multiple properties, business interests, assets in several countries — independent legal counsel before the notary appointment is well worth the cost.

Step 2: Gather Your Documents

Before your notary appointment, you will need to assemble a specific set of documents. Missing any of these will delay the process.

Essential documents for all foreigners making a will in Spain:

Your valid national passport is mandatory. Your NIE (Número de Identificación de Extranjero) — the tax identification number assigned to foreign residents in Spain — is also required. If you are an EU citizen registered as a resident, your EU registration certificate (certificado de registro de ciudadano de la Unión) strengthens the file. Non-EU residents will need their TIE (Tarjeta de Identidad de Extranjero), the residence card issued by the Spanish immigration authorities.

For married testators, the notary will typically want your marriage certificate. If you have children, birth certificates for each child may be requested. If you own property in Spain, having the property deeds (escritura de compraventa) available helps the notary reference assets precisely, though this is not strictly mandatory for the will itself.

If your documents are not in Spanish, you will need certified translations by a sworn translator (traductor jurado oficial). Plan for this in advance — sworn translations typically take two to five working days and cost €30–80 per document page.

Step 3: Your Notary Appointment

Most notaries in larger cities with significant expat populations — Madrid, Barcelona, Valencia, Málaga, Alicante, Palma de Mallorca — have staff who can conduct appointments in English, French, or German. If your preferred notary does not, you may bring an interpreter, though the notary may require the interpreter to be officially sworn in.

At the appointment, you will discuss your wishes: who inherits what, under what conditions, and who you appoint as executor (albacea). The notary will draft the will in Spanish. This is not negotiable — Spanish law requires the document to be in Spanish, even if the notary communicates with you in another language.

Before signing, the notary is legally required to read the will aloud to you and confirm that you understand its content. Take this seriously. If anything is unclear, ask for clarification. The notary is there to serve you, not to rush you.

Step 4: Include the Election of Law Clause (Article 22)

This is the most important technical element of your Spanish will, and one that many expats — and even some generalist notaries — overlook.

If you are a citizen of an EU member state, your will should include an explicit declaration electing the law of your nationality to govern your succession. A typical clause, in Spanish, will read something like: "El compareciente manifiesta que, conforme al Artículo 22 del Reglamento (UE) n.º 650/2012, elige el Derecho de [su nacionalidad] para regir su sucesión."

The practical effect of this clause is profound. Without it, Spanish law (or regional Catalan, Basque, or Aragonese law, depending on where you live) governs your estate by default. With it, the law of your home country applies — which may offer more flexibility regarding forced heirship, the division of your estate, or the treatment of your assets.

French, Belgian, German, Dutch, and Italian expats in Spain should almost always include this clause. It is a standard inclusion that any competent notary serving expat clients will be familiar with.

If you are a British national, your home country is not an EU member state, so Article 22 does not apply. However, your Spanish will should still be carefully drafted to interact cleanly with your UK assets and any British will you hold.

Step 5: Signing and Registration

Once you are satisfied with the will's content, you sign it in the notary's presence, along with the notary themselves. The document is executed as a testamento abierto (the most common form — see below). The notary retains the original document in their protocol archive; you receive a certified copy (copia autorizada).

Within ten working days of signing, the notary is legally required to notify the Registro General de Actos de Última Voluntad (the Central Registry of Last Wills and Testaments) in Madrid. This registry is administered by the Ministry of Justice. Registration does not publish the content of your will — only the existence of it, and the identity of the notary who holds it. This allows your heirs to easily locate your will after your death by requesting a certificado de actos de última voluntad from the registry.

Types of Spanish Wills: What Are Your Options?

Spanish law recognises three main forms of will, each with different requirements and practical implications.

Testamento Abierto (Open Will)

This is by far the most common and most recommended form for foreign residents. The testator declares their wishes to a notary, who drafts the document, reads it aloud, and authenticates it. The original is retained in the notary's protocol and registered with the central registry. The content is known to the notary, which means it is legally secure and extremely difficult to challenge on formal grounds. For expats, this is almost always the right choice.

Testamento Cerrado (Closed Will)

In a closed will, the testator drafts the document privately, seals it, and delivers the sealed envelope to a notary who attests only that the envelope has been delivered — not the content inside. The notary does not know what the will says. This form offers greater privacy but introduces practical risks: the sealed envelope can be lost, and formal defects in the document itself may not be caught until it is too late to correct them. For most expats, the additional privacy benefit does not justify the procedural complexity.

Testamento Ológrafo (Holographic Will)

A holographic will must be written entirely by hand, signed and dated by the testator, with no typed or printed elements. No notary is involved at the time of writing. After the testator's death, the will must be presented to a notary or court for verification and protocol (protocolización). While recognised by Spanish law under Articles 688–693 of the Código Civil, holographic wills are vulnerable to challenges on grounds of handwriting authenticity, capacity, or formal defects. For foreign residents with meaningful assets in Spain, a holographic will is rarely advisable as a primary instrument.

What Does a Spanish Will Cost?

Spanish notary fees for wills are regulated by the state and are relatively modest. As of 2026, you should expect to pay approximately:

In total, most foreign residents making a standard Spanish will pay between €150 and €400 all-in, including translations and notary fees. For estates that are straightforward — one property, clear beneficiaries, no complex trust structures — the lower end of that range is realistic.

This is one of the most cost-effective legal documents you will ever sign.

What to Include in Your Spanish Will

Spanish Assets

Your will should clearly identify and address all assets held in Spain: real property (with cadastral references where possible), bank accounts with Spanish institutions, vehicles registered in Spain, and shares or business interests in Spanish companies. The more precisely assets are described, the smoother the subsequent inheritance process will be.

The Digital Assets Gap

Here is something that most Spanish notaries will not raise with you, because Spanish inheritance law has not yet caught up with the reality of modern digital life: your Spanish will almost certainly does not cover your digital world.

Cryptocurrency wallets, password managers, online investment accounts, digital subscription services, cloud storage, and social media accounts are not addressed by traditional wills. They may not even be addressable through a traditional will, because the mechanisms to transmit them securely — private keys, authentication credentials, recovery phrases — cannot simply be written into a legal document that becomes a semi-public record after your death.

This is a significant and growing gap for expats in Spain. Succession tax in Spain applies to digital assets just as it applies to physical ones, yet most estates have no clear mechanism for heirs to even locate digital assets, let alone access them.

Personal Legacy

Beyond legal assets, there are the things that matter most to the people you leave behind: the letter you always meant to write, the family recipes, the story behind a piece of jewellery, the advice you wanted to pass to your children. None of these belong in a legal will — but they are no less important for being informal.

Updating an Existing Spanish Will

Spanish law follows the principle that the most recent valid will supersedes all previous wills, unless it explicitly states otherwise. If you already have a Spanish will but your circumstances have changed — marriage, divorce, children, property acquisition, a move to a different Spanish region — you should update it.

To update a Spanish will, you simply sign a new one before a notary. The new will should explicitly revoke all previous wills ("revoco todos mis testamentos anteriores") to avoid ambiguity. The notary will again notify the Central Registry, which will update its records.

It is good practice to review your Spanish will every three to five years, or whenever a significant life event occurs. Changes in Spanish regional law (particularly in Catalonia, the Basque Country, and the Balearic Islands) can affect the practical implications of your will, so professional review is worthwhile.

Frequently Asked Questions

Can I make a will in Spain in English?

No. Under Spanish law, a testamento abierto must be drafted in Spanish. However, the notary may communicate with you in another language, and you may receive an unofficial translation of the document for your understanding. If you do not speak Spanish, the notary is required to confirm that the document has been translated to you and that you understand it before signing.

Do I need to be a Spanish resident to make a will in Spain?

No. Any person can make a will before a Spanish notary regardless of their residency status. However, if you own assets in Spain — even as a non-resident — a Spanish will is strongly advisable to simplify administration after your death.

What happens if I die in Spain without a will?

If you die intestate (without a valid will) in Spain, Spanish intestacy law applies to your Spanish assets by default. For EU residents, EU Regulation 650/2012 means the law of your habitual residence (Spain) governs your entire EU estate. Spanish intestacy rules follow a strict order of succession — spouse, descendants, ascendants — which may not reflect your actual wishes, particularly for unmarried couples or blended families.

Does a Spanish will override my will in another country?

It depends on how each will is drafted. Ideally, your Spanish will should clearly specify that it governs only your assets located in Spain, and your home country will governs assets elsewhere. Failing to coordinate the two can create conflict. A notary or international succession lawyer can help you ensure the documents interact correctly.

How long does it take to make a Spanish will?

The actual notary appointment for a straightforward will typically takes 30 to 60 minutes. Allow additional time to gather and translate documents beforehand — realistically one to two weeks from decision to signed will if all documents are in order. The notary's schedule may also require booking in advance, particularly in high-demand areas during summer months.

Conclusion: One Appointment That Protects Everything

Making a will in Spain as a foreigner is not complicated. It is one appointment with a notary, a modest fee, and a set of documents you likely already have. What it gives you is peace of mind — the knowledge that the assets you have built in Spain will go where you intend them to go, under the law you have chosen, without putting your family through unnecessary legal procedures at an already difficult time.

If you have Spanish property, Spanish bank accounts, or have been living in Spain for more than a year, the question is not whether you should make a Spanish will. The question is why you haven't done it yet.

A Spanish will covers your legal assets. Sucesio covers everything else — your digital vault, your crypto, your messages to the people you love. See how it works →

Published: 2026. References: Código Civil español (arts. 694–705) · Regulation (EU) No 650/2012, Article 22 · Ley del Notariado · Registro General de Actos de Última Voluntad. This article is for informational purposes only and does not constitute legal advice. Consult a qualified Spanish notary for your specific situation.