Making a will in Spain as a foreigner

Updated: October 2026

If you own a home, a car or a bank account in Spain, a Spanish will can save your family months of paperwork and a lot of money. This guide is for foreign residents and holiday-home owners. It explains which country’s law applies to your estate, how to make a will at a Spanish notary, what it costs, and the mistakes that most often cause trouble later.

Why foreigners should make a Spanish will

A will made in your home country is usually valid in Spain. The problem is using it. Spanish banks, notaries and the land registry will ask for an official copy, an apostille, a sworn translation and often a legal opinion on the foreign law. Your heirs may also need proof from your home country that the will is your last one. All of this takes time while bank accounts stay frozen.

A Spanish notarial will avoids most of that. It is already in Spanish, it is registered centrally, and the notary who keeps the original can issue copies to your heirs straight away. If you die without any will, your heirs must first obtain a declaration of heirs (declaración de herederos), which adds cost and delay.

Which country’s law applies to your estate

Since 17 August 2015, the EU Succession Regulation (Regulation 650/2012) decides which law governs an inheritance in Spain and most other EU countries. The basic rules are:

• Default rule: the law of the country where you were habitually resident when you died applies to your whole estate, wherever the assets are.
• Choice of law: you can choose in your will that the law of your nationality applies instead. This choice is open to nationals of any country, including non-EU citizens such as Britons and Americans.

This matters because Spanish succession law is strict. Under the Civil Code that applies in most of Spain, two thirds of the estate are reserved for your children (the legítima), and a surviving spouse has a life interest in part of it. You can only leave one third freely. Several regions with their own civil law, such as Cataluña, Aragón, Galicia, the Balearics, the Basque Country and Navarra, use different shares, and Navarra allows almost complete freedom.

If you are a resident and want to leave everything to your spouse, or to divide your estate in a way Spanish law does not allow, the choice of your national law is the key clause. Whether that works depends on your home country’s rules, so ask a lawyer who knows both systems.

Choosing a law does not change the tax. Spanish inheritance tax still applies to Spanish assets, and to worldwide assets received by heirs who live in Spain. See our guide to inheritance and gift tax by region.

Types of will in Spain

• Open will (testamento abierto): made before a notary, who checks your identity and capacity, writes it and keeps the original. This is by far the most common and the one most foreigners should use.
• Closed will (testamento cerrado): you write it yourself and hand it to a notary in a sealed envelope. Rare, and more likely to cause problems.
• Handwritten will (testamento ológrafo): written and signed entirely by hand. It is valid but must be validated by a notary after death within a time limit, which adds cost and risk.

How to make a will at a Spanish notary

1. Get an NIE if you do not have one, and bring your passport or residence card.
2. Decide who gets what, who your executor (albacea) will be, and whether you want to choose your national law. Many people also name a guardian for minor children.
3. Contact a notary (any notary in Spain, you can choose). Send your instructions in advance so they can prepare a draft.
4. Bring an interpreter if needed. If you do not understand Spanish well and the notary does not speak your language, the notary will ask for an interpreter. Many notaries on the coasts prepare bilingual wills.
5. Sign at the notary’s office. The notary reads the will, confirms you understand it and signs with you. Witnesses are not normally needed.
6. Registration: the notary reports the will to the General Register of Last Wills (Registro General de Actos de Última Voluntad) in Madrid. You get a simple copy for your records.

A simple open will is one of the cheapest notarial documents. Notary fees are regulated, and a short will is often quoted at roughly €40 to €60, but longer wills, copies and an interpreter add to that. Ask the notary for a quote in advance. Lawyers charge separately if you use one to draft the content.

Common mistakes with two wills

Many expats keep one will in Spain for Spanish assets and another at home for everything else. That can work well, but only if the two are drafted together.

• Accidental revocation: a standard clause such as “I revoke all previous wills” in the second will can cancel the first. Each will should say clearly which assets it covers.
• Contradictions: different heirs or a different choice of law in each will create disputes.
• Out of date: a will written before a divorce, a new marriage, a house sale or a move to Spain may no longer reflect your wishes. Review it after big life changes.
• Joint wills: separate “mirror” wills with matching content are fine, but a single joint will for a couple is not allowed under the Spanish Civil Code. Each partner makes their own.

What your heirs will need to do

After a death, your heirs request the certificate of last wills from the Ministry of Justice, which shows whether you made a Spanish will and at which notary. It can only be requested once 15 working days have passed since the death, and a small fee applies. With it, they get a certified copy of the will from the notary.

The heirs then sign the acceptance of the inheritance (aceptación de herencia) before a notary, pay inheritance tax within six months and the municipal plusvalía if there is property, and register the property in their names. In cross-border cases, a European Certificate of Succession can help prove their status in other EU countries. Our guide to funerals in Spain for foreigners covers the first practical steps after a death.

Useful links

• EUR-Lex: EU Succession Regulation (EU) No 650/2012
• Ministry of Justice: certificate of last wills
• Lawyers in Spain: abogado, gestor or notario
• Understanding the tax system in Spain
• Taxes for foreign property owners in Spain in 2026

FAQ: making a will in Spain

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

No. Non-residents who own property or money in Spain can make a will at any Spanish notary. You need your passport and usually your NIE.

Can I leave everything to my spouse?

Under the Spanish Civil Code, not if you have children, because they are entitled to a reserved share. If your national law allows it, you can choose that law in your will instead.

Can I write the will in English?

A notarial will is normally in Spanish, and many notaries prepare a bilingual version with an English column. If you do not understand Spanish, an interpreter is usually required.

How do I change my Spanish will?

Make a new will at a notary. The latest will registered normally replaces earlier ones, so make sure it says what it covers if you also have a will abroad.

Disclaimer: This article is general information only and is not legal or tax advice. Succession law depends on your nationality, residence and family situation – always get advice from a notary, lawyer or gestor before you sign a will.