Spanish will for foreigners: do you need one in 2026?

If you own property, a bank account or any asset in Spain and you are not a Spanish citizen, you should have a Spanish will. Period. A Spanish will costs little to register (notary and registry fees are regulated) and saves your heirs months of paperwork, sworn translations and apostilles. It does not replace your UK, US or other home-country will — it works alongside it.

This 2026 guide explains when a Spanish will is necessary, when it is just convenient, how to draft one under EU Regulation 650/2012, what it costs and how to register it.

When you NEED a Spanish will

• You own property in Spain (apartment, villa, plot, garage, anything).
• You hold a Spanish bank account with significant balance (€10,000+).
• You hold Spanish shares, funds, life insurance, or any registered Spanish asset.
• You are a tax resident in Spain (more than 183 days/year), even without significant assets here.

If any of these apply, the time and cost saved by your heirs through having a Spanish will is dramatically larger than what you spend creating it.

When you can SKIP a Spanish will

• You don’t own anything in Spain.
• You hold only a small Spanish bank account (€1,000-€5,000) — your heirs can typically claim it with the foreign will, apostilled and translated, without needing Spanish probate.
• Your home-country will explicitly elects the law applicable to your succession (under Article 22 of EU Regulation 650/2012) and you are comfortable with the foreign-probate process taking 6-12 extra months in Spain.

EU Regulation 650/2012: the rule that changes everything

Since 17 August 2015, the EU Succession Regulation 650/2012 governs cross-border successions in the EU (the United Kingdom, Ireland and Denmark did not take part, but Spanish notaries and courts apply the Regulation to every estate they handle, art. 20). Two key principles:

1. Default rule: the law applicable to the succession is the law of the deceased’s habitual residence at the time of death. So a UK pensioner who has lived in Marbella for 20 years would, by default, have Spanish succession law applied — meaning forced heirship rules (legitimas) apply.
2. Exception: in the will, the testator can choose the law of their nationality instead (professio iuris, Article 22). A British testator can elect English law in their Spanish will and avoid Spanish forced heirship.

This is the single most important provision for non-Spanish nationals owning assets in Spain: your Spanish will should explicitly elect the law of your nationality, otherwise Spanish forced heirship may apply against your wishes.

How a Spanish will works

Types of Spanish wills available to foreigners

• Open will (testamento abierto): the most common. Drafted by the notary based on your instructions, signed in front of the notary, notified by the notary to the Central Wills Registry (Registro General de Actos de Última Voluntad). Cost: ~€50-€80 for the notary fee, with no separate registry fee; our drafting fee is quoted separately.
• Closed will (testamento cerrado): you draft it yourself, present it sealed to the notary. Less common, more expensive, more risk of formal errors invalidating it.
• Holographic will (testamento ológrafo): written entirely by hand, signed and dated by you, with no notary involved; foreigners may write it in their own language (art. 688 of the Civil Code). It is valid, but after the death it has to be authenticated and protocolised before a notary within five years (art. 689), which adds time and cost. Not recommended for non-residents.

The standard process

1. Consult a lawyer. Discuss what you own in Spain, who you want to inherit, whether you have wills in other countries, and which national law you want to apply (professio iuris).
2. Draft the will. Your lawyer drafts the Spanish will, typically bilingual (Spanish + English).
3. Sign at the notary. You must appear in person at a Spanish notary’s office. If you express your wishes in a language the notary does not know, an interpreter chosen by you takes part, and the will is written in both languages (art. 684 of the Civil Code); the notary reads it to you, confirms you understand and consent, and authorises it.
4. Automatic registration. The notary notifies the will to the Central Wills Registry (Registro General de Actos de Última Voluntad) and keeps the original. Your heirs will be able to locate it after your death with the certificate of last wills.

What the will should contain

• Your full identification and NIE.
• Statement of habitual residence and nationality.
• Election of national law (professio iuris) if you do NOT want Spanish forced heirship to apply.
• Designation of heirs (named and identified by passport or similar).
• Specific bequests if any (e.g. “my flat in Marbella to my daughter Jane Smith”).
• Reserve clause for the rest of the estate.
• Designation of an executor (albacea) — optional but very useful.
• Declaration of any wills made in other countries.

Cost of a Spanish will

• Notary fees: €40-€80 (regulated tariff).
• Registry: no separate fee (the notary notifies the Central Wills Registry).
• Lawyer fees for drafting + bilingual review: quote on request, depending on complexity.
• Notary and registry costs are small; our fee for a properly drafted, bilingual, professionally reviewed Spanish will is quoted on request.

For comparison: the cost to your heirs of NOT having a Spanish will (apostilles, sworn translations, foreign-probate recognition, additional time, extra notary fees) is typically €1,500-€4,000 plus 3-6 extra months of process. The Spanish will pays for itself many times over.

What about my UK / US / German will?

Your foreign will remains valid for assets outside Spain. The Spanish will only applies to Spanish assets. The two should be coordinated:

• The Spanish will should reference the existence of the foreign will and clarify that each governs the assets in its respective country.
• The foreign will should not contradict the Spanish will on the disposition of Spanish assets — or you create a conflict that may end up in court.
• If you have a will only in your home country and it covers worldwide assets, that single will can apply in Spain too — but the inheritance process will be longer and more expensive.

The cleanest setup for non-resident owners of Spanish property: one Spanish will for Spanish assets + one home-country will for everything else, both consistent in their election of law and identification of heirs.

Updating your Spanish will

Update the will when:

• You marry, divorce, separate, or remarry.
• A child is born or adopted.
• An heir dies before you.
• You sell or buy significant Spanish assets.
• You change your habitual residence.
• You change your election of national law (e.g. you take on a new citizenship).

Updating is the same process as drafting: lawyer + notary + registry. The new will revokes the previous one unless it states that the earlier will is to remain in force in whole or in part (art. 739 of the Civil Code) — so a later home-country will with a general revocation clause can unintentionally revoke your Spanish will: make sure each will states which assets it covers. Cost: same as the original.

Frequently asked questions

I’m British, will my UK will be enough for my flat in Marbella?

Technically yes, but practically no. A UK will is valid in Spain as to form, but obtaining the Grant of Probate, apostilling it, getting a sworn translation and presenting it to the Spanish notary takes 4-9 extra months and costs your heirs €1,500-€3,000 in additional fees. A Spanish will avoids all of that.

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

Yes. An open will requires your physical presence before the notary; the Notarial Act only allows wills by videoconference during a declared epidemic (art. 17 ter). An alternative is a will made before a notary in your own country limited to your Spanish assets, which will later need an apostille and a sworn translation. However, the appointment is short — typically 30-60 minutes — and can be combined with another trip to Spain.

Can my Spanish will leave everything outside Spanish forced heirship?

If you elect the law of your nationality (professio iuris under Art. 22 EU Regulation 650/2012) and that nationality has no forced heirship (for example England and Wales, or most US states), then yes. Scotland and Ireland do protect the surviving spouse — and, in Scotland, the children — with fixed rights over part of the estate, and countries such as Germany, France and Italy have forced-heirship rules of their own; if that is your national law, those rules apply.

What if I have UK and Irish citizenship — which one should I elect?

You can elect either of your nationalities (art. 22.1 of the Regulation). The two systems differ — Irish law gives the surviving spouse a legal right share, English law does not — so the choice depends on your family situation and on where your assets are. We discuss this in the consultation.

How long does a Spanish will take to make?

From first consultation to signed will at the notary: typically 1-2 weeks. The drafting takes a few days, the notary appointment 30-60 minutes, and registration is automatic.

Does a Spanish will cover bank accounts, vehicles, art, jewellery?

Yes — it can cover all your Spanish assets, whether real estate or movable. Specific bequests can identify particular items (a piece of art, a watch, a painting) and dispose of them to specific heirs.

Talk to us about your Spanish will

Free first consultation in English. Call +34 900 525 939 or use our contact form. Office in Fuengirola, service across Costa del Sol and the rest of Spain.

Related: Inheritance in Spain for non-residents (full 2026 guide) →