Why multiple wills may be needed if you own assets in Spain
Buying property or holding assets in Spain is a major step, whether you are already living there or planning for the future. Estate planning, however, is often dealt with much later, usually on the assumption that an existing will already covers everything. While this feels like it makes perfect sense, Spanish inheritance law operates under a very different system from both the UK and the US, and this difference is what often creates difficulties after someone passes away.
Many people only become aware of the issue when they start researching what happens to Spanish property upon death. At that point, it becomes clear that relying on a single will can lead to delays, uncertainty, and in some cases, outcomes that do not reflect the person’s intentions. This is why having multiple wills, like an English and a Spanish will, for example, isn’t exactly uncommon for people with assets in Spain. Let’s take a closer look.
Why Spanish inheritance rules can be tricky to navigate
Spain follows a civil law system, rather than the common law system used in the UK. One of the key features of this system is forced heirship. Under Spanish law, a fixed portion of an estate is reserved for certain close relatives, most commonly children. This limits the freedom to distribute assets in the same way many UK nationals are used to.
EU succession rules do allow non-Spanish nationals to choose the law of their nationality to apply to their estate, however, this choice must be made clearly and correctly. If it isn’t, Spanish succession rules may apply by default to any Spanish assets, which can come as an unwelcome surprise for families who assumed their UK will would take precedence.
Why a single will is often not enough
Using one will to cover assets in multiple countries may seem simpler, but in practice, it can actually complicate things. When a foreign will is used in Spain, it usually needs to be translated, apostilled, and legally validated before Spanish notaries or registries can act on it. Each of these steps adds time and cost to the process.
There can also be practical uncertainty. Spanish authorities may be reluctant to proceed while waiting for probate or confirmation from another country, particularly where property is involved. This can delay property transfers, access to bank accounts, and the overall administration of the estate.
How having a separate Spanish will can help
A Spanish will is designed specifically to deal with Spanish assets. It’s signed before a Spanish notary, written in Spanish, and registered with the Central Wills Registry in Madrid. This makes it immediately recognisable and easier for Spanish authorities to work with.
When properly drafted by an English-speaking Spanish solicitor, a Spanish will only applies to assets in Spain and clearly states that it does not revoke any other wills. This allows it to sit alongside a UK will without conflict, while making sure that Spanish assets are handled under the correct procedures.
Using a Spanish will to reduce uncertainty
For many families, the real benefit of a Spanish will is transparency. Spanish notaries, land registries, and banks are familiar with local wills and can act on them more efficiently. This often reduces delays and avoids the need for additional legal steps that arise when relying solely on a foreign document.
A Spanish will can also be used to clearly state which law should apply to the inheritance of Spanish assets, where this is appropriate. Setting this out properly in advance helps prevent misunderstandings and disputes later on, particularly in cross-border estates.
One size does not fit all
Not everyone with a Spanish asset automatically needs a separate will. There are a few factors, such as nationality, habitual residence, family circumstances, and the type of assets involved, that all play a role. What matters is that the estate plan reflects the individual’s situation and is legally coherent across borders, which our English-speaking solicitors can help with.
What is essential is that any wills that are created are professionally coordinated. Poorly drafted or overlapping wills can create unnecessary problems, including accidental revocation or conflicting instructions. For people with assets in Spain, a separate Spanish will is often a practical and sensible part of that planning. Addressing these issues in advance can reduce uncertainty and give those dealing with your estate clear guidance when the time comes.
At Gascon Bernabeu, our English-speaking solicitors regularly advise expats and overseas buyers who own or plan to acquire assets in Spain. We take a clear, practical approach, explaining how Spanish inheritance rules apply and whether a Spanish will is appropriate in your circumstances.
We work to make sure that any Spanish will fits alongside your existing estate planning, rather than complicating it. Our aim is to provide transparency and confidence, so you can rest assured knowing that your affairs are properly arranged.
If you would like to discuss your situation, we offer free, no-obligation consultations. You can contact us via the form on our website, email info@gbabogados.co.uk, or call +44 (0)20 3137 1320, and a member of our team will be happy to assist.