Spanish Will vs Foreign Will: What Expats in Spain Need to Know
In brief: A foreign will — made in the UK, France, Germany, or anywhere else — can be valid in Spain, but using it is slower, more expensive, and more complicated than having a Spanish will. For expats with assets in Spain, the practical answer is almost always: make a Spanish will in addition to your home-country will, not instead of it.
The Question Every Expat Asks
You have a will. You made it at home — before you moved to Spain, or during a visit back. It covers your house, your savings, your children. You assume it covers everything.
Then a lawyer or notary in Spain tells you that things are more complicated.
They are right. Here is why — and what to do about it.
Is a Foreign Will Valid in Spain?
The short answer is: yes, a foreign will can be legally valid in Spain. Spanish law does not require you to make a Spanish will in order to leave assets located in Spain to your heirs.
Under EU Regulation 650/2012 (Brussels IV), which has applied across most EU member states since 2015, a will made in one EU country is generally recognised across EU borders. A French notarial will, a German Testament, or a Dutch will can all be used in Spanish succession proceedings.
However, "legally valid" is not the same as "straightforward to use." A foreign will used in Spain must go through a formal recognition process that adds time, cost, and complexity compared to a Spanish will.
What Happens When You Use a Foreign Will in Spain
When a person dies in Spain leaving only a foreign will, the Spanish notary handling the estate will require:
1. Apostille The foreign will must be apostilled — officially certified under the Hague Convention — so that Spanish authorities recognise it as a genuine document. This is done through the relevant authority in the country where the will was made (in the UK, for example, the Foreign, Commonwealth & Development Office or a designated authority).
2. Official translation The will must be translated into Spanish by a sworn translator (traductor jurado). An informal or certified translation is not sufficient — it must be a sworn translation legally recognised in Spain.
3. Certificate of law (for non-EU wills) For wills made outside the EU — for example, a US or Australian will — Spanish notaries may also require a certificate confirming the law of the country where the will was made, to verify that the will is formally valid under that country's law.
4. Verification of the testator's habitual residence Spanish notaries must confirm whether the deceased was habitually resident in Spain at the time of death. If they were, Spanish law may govern the succession under Brussels IV (unless the deceased made a valid choice of law).
5. Registro Central de Últimas Voluntades The Spanish notary will check the Registro Central de Últimas Voluntades to confirm there is no later Spanish will that supersedes the foreign will. A Spanish will always takes precedence over an earlier foreign will for assets in Spain.
The Practical Difference: Spanish Will vs Foreign Will
| Factor | Spanish Will | Foreign Will Only |
|---|---|---|
| Processing time | 4–8 weeks (typical) | 3–6+ months |
| Additional documents needed | None | Apostille + sworn translation |
| Cost | Lower (no extra steps) | Higher (translation, apostille, delays) |
| Complexity for heirs | Low | Medium to high |
| Registered in Spain | Yes (Registro Central) | No |
| Conflict risk | Low | Higher (if wills contradict) |
Can You Have Both a Spanish Will and a Foreign Will?
Yes — and for most expats in Spain with assets in more than one country, this is the recommended approach.
The key is to draft the two wills so they complement each other rather than conflict. Each will should be explicitly limited to the assets in a specific country or jurisdiction:
- Your Spanish will covers your assets in Spain: property, Spanish bank accounts, Spanish investments
- Your UK/French/German will covers your assets in that country: property, bank accounts, investments, personal effects
If you have only a foreign will and no Spanish will, your heirs face the additional steps described above. If your wills contradict each other — if both claim to cover "all my assets worldwide" — the conflict must be resolved before the estate can be settled, which can add months and significant legal costs.
A Spanish notary can draft a will that explicitly states it covers only your Spanish assets ("con respecto a mis bienes situados en España"), leaving your home-country will intact for assets elsewhere.
Choice of Law: A Critical Decision for Expats
EU Regulation 650/2012 allows EU citizens and nationals of certain other countries to choose which national law governs their estate. By default, the law of the country where you were habitually resident at death applies.
For an expat who has been living in Spain for years, this means Spanish succession law governs by default — including Spain's legítima (forced heirship rules), which requires that a fixed portion of the estate goes to direct descendants regardless of the will.
Example: A British national living in Spain without a choice of law in their will. Spanish law applies. The legítima requires that two-thirds of the estate be reserved for children. If the will leaves everything to a new partner and nothing to children from a previous marriage, the children can challenge the will in Spanish courts.
By adding a choice of law clause — "I choose the law of England and Wales to govern my succession" — to your Spanish or foreign will, you override the Spanish default and apply English rules instead. English law has no forced heirship rules for adults, giving you more freedom to distribute your estate as you choose.
This choice must be explicitly stated. It does not happen automatically.
Non-EU Wills: The UK, US, and Australian Cases
Post-Brexit, UK wills are no longer covered by Brussels IV. A UK will used in Spain is treated as a non-EU foreign will — requiring apostille, sworn translation, and potentially a certificate of English/Welsh/Scottish law.
For British expats in Spain, the practical solution is:
- A Spanish will for Spanish assets (registered with the Registro Central de Últimas Voluntades)
- A UK will for UK assets (registered with the UK Wills Registry or held by your UK solicitor)
- A choice of law clause in both, clearly defining which will covers which assets
US wills face similar challenges. Spain does not have a bilateral succession treaty with the United States, so a US will requires the full apostille-and-translation process. American expats in Spain are strongly advised to make a separate Spanish will for their Spanish assets.
What Sucesio Adds to the Picture
Whether you have a Spanish will, a foreign will, or both, the legal documents only establish who inherits. They say nothing about what there is to inherit, where it is held, or how to access it.
Sucesio addresses the practical transmission gap:
- Your heirs receive a complete inventory of all your assets in Spain and elsewhere — bank accounts, property, investments, digital accounts — so they are not starting from zero
- Your Spanish notary, gestor, UK solicitor, and other key contacts are documented and transmitted at the right moment
- Digital assets, passwords, and access credentials are transmitted securely, covering the part of your estate that no will — Spanish or foreign — can reach
- Personal messages and legacy documents are delivered to the right people when the time comes
The will determines entitlement. Sucesio ensures transmission.
Frequently Asked Questions
My UK will says "all my worldwide assets" — does that cover my Spanish property? Legally it may, but practically it creates complications. Spanish notaries will require apostille and sworn translation of your UK will, and if you have a later Spanish will that covers Spanish assets, the Spanish will takes precedence. It is almost always simpler and cheaper for your heirs to have a Spanish will for your Spanish assets.
If I make a Spanish will, does it cancel my UK will? Not automatically — but a poorly drafted Spanish will can create conflicts. The standard practice is to include a clause in your Spanish will limiting it to Spanish assets only, and vice versa for your UK will. A Spanish notary can draft this for you.
Can I write my Spanish will in English? The will itself must be in Spanish (or bilingual, with the Spanish version being legally authoritative). However, you have the right to have it read aloud to you and explained in English before you sign. Many Spanish notaries who work with expats have English-speaking staff.
How do I find my Spanish will if I die abroad? Every Spanish notarial will is registered with the Registro Central de Últimas Voluntades in Madrid. Your heirs can request a certificate from this registry, which will identify the notary who holds the will. This is why a Spanish will is significantly easier for heirs to locate than an unregistered foreign will.
Related Articles
- How to Make a Will in Spain as a Foreigner
- EU Regulation 650/2012 for Expats in Spain
- The European Certificate of Succession: What Expats in Spain Need to Know
- Estate Planning for Expats in Spain: The Complete Guide
- Power of Attorney in Spain for Expats
This article is for general informational purposes only and does not constitute legal advice. Will validity and succession law vary significantly by individual circumstance and jurisdiction. Always consult a qualified Spanish notary or lawyer for advice specific to your situation.