Updated 17 August 2026. Spanish wills and cross-border inheritance advice for international individuals and families.
Quick facts
- A Spanish will is not automatically mandatory: its value depends on the assets, family and existing estate plan.
- Default applicable law: generally the law of habitual residence at death under EU Regulation 650/2012.
- Choice of law: a person may expressly choose the law of a country whose nationality they possess.
- Coordination matters: a Spanish will should not inadvertently revoke or conflict with another will.
When a Spanish will can help
For a person who owns property, bank accounts or business interests in Spain, a carefully limited Spanish will can make local administration more efficient. It may reduce the need to prove and translate a foreign will during the Spanish succession process. It is not a standard document to sign in isolation: the drafting must fit the client’s nationality, habitual residence, family structure and wills in other countries.
Our guide to wills in Spain for expats explains the legal framework. This service page focuses on the legal work we carry out.
What we review
- Spanish and non-Spanish assets, ownership structure and matrimonial-property position.
- Nationality, habitual residence and the law likely to govern the succession.
- Forced-heirship issues under the potentially applicable law.
- Existing wills, trusts, beneficiary nominations and estate-planning documents.
- Potential Spanish inheritance-tax exposure and the need for separate tax advice.
Drafting and notarial execution
We prepare the will in coordination with the wider estate plan, explain each clause in a language the client understands and arrange execution before a Spanish notary where appropriate. A common structure limits the Spanish will to Spanish assets, but that wording must be checked against every other testamentary document.
If a choice-of-law clause is appropriate, it must be express and valid. Article 22 of EU Regulation 650/2012 permits a person to choose the law of a state whose nationality they possess. The election governs succession law; it does not remove Spanish filing or tax obligations.
Updating an existing will
A review is sensible after marriage, divorce, a birth or death in the family, a change of residence or nationality, or a significant acquisition or disposal. We compare the existing wording with the current asset and family position before recommending a replacement, amendment or no change.
Inheritance administration
Where a death has already occurred, the work is different from will drafting. We can help identify the applicable law, obtain Spanish certificates, coordinate powers of attorney and notarial documents, review asset valuations, and work with tax advisers on the acceptance and distribution of the estate.