Spanish will in Fuengirola: protect your Spanish assets

If you own property in Fuengirola — Carvajal, Los Boliches, Torreblanca, El Higuerón, Las Lagunas — and you don’t have a Spanish will, you’re leaving a serious problem for your heirs. Without a Spanish will, your family will have to translate your UK/Irish/German will, apostille it, and have it interpreted by a Spanish notary after your death. That process typically takes 3-6 months extra and costs €1,500-€3,000 in additional fees that wouldn’t be necessary with a Spanish will in place.

Our office is in central Fuengirola, on Avenida Juan Gómez “Juanito” 6, 3rd floor. We’ve been preparing Spanish wills for British, Irish, Dutch, German, Swedish, Norwegian, Belgian and Danish residents on a daily basis since 2018. We speak English, French and Spanish.

Why a Spanish will makes sense for expats in Fuengirola

• Speed at the moment of death. A Spanish will is immediately enforceable. A UK will requires Grant of Probate (UK, 3-6 months) + apostille + sworn translation + interpretation by Spanish notary. That’s 6+ months delay on the Spanish side alone.
• Cost. Spanish will: a one-off fee (quoted on request) while you’re alive. UK will interpreted in Spain after death: €1,500-€3,000 (paid by your heirs from the estate).
• Professio iuris (EU Regulation 650/2012). A Spanish will is the right place to expressly choose your national law (English, Irish, German) to govern your succession — overriding the default rule that applies Spanish law to long-term residents.
• Clarity for your heirs. Your Spanish notary archives the will. Your heirs request the “certificado de últimas voluntades” and immediately know what to do. No confusion, no translation, no waiting.

What we recommend: dual-will strategy

The optimal setup for an expat with assets in two countries:

1. UK/Irish/German will — covers your home-country assets (pensions, accounts, properties there). Drafted by a solicitor in your home country.
2. Spanish will — covers ONLY your Spanish assets (apartment in Fuengirola, Spanish bank accounts, vehicles). Drafted by us. Includes professio iuris choosing your national law.

Both wills coexist. Each is enforced in its respective country at the time of death, in parallel. There is no conflict as long as each is explicitly limited to the assets in its country — and as long as neither contains a general revocation clause that would revoke the other (under art. 739 of the Civil Code a later will revokes the earlier one unless it says otherwise).

How the process works

1. Free initial consultation (30-45 min, by video call or in our Fuengirola office). We map your family situation, your Spanish assets, your wishes.
2. Fixed-fee quote by email within 24h.
3. Drafting of the will in Spanish and English: the Civil Code requires the will to be written in both languages when you express your wishes in a language other than the notary’s (art. 684).
4. Notary appointment in Fuengirola, coordinated with your schedule. We attend with you if you wish (optional). The notary reads the will to you, with an interpreter of your choice if the notary does not speak your language.
5. You receive the authorized copy. We keep a backup copy at the office for your heirs to find.

Fees

Notary appointment includes an official sworn translator if requested (€80-150 typically), so the will is read to you in English before signing.

Typical scenarios in Fuengirola

UK couple with apartment in Carvajal, 2 children in UK

Both make Spanish wills choosing English law (professio iuris). Each leaves their share of the apartment to their spouse (life usufruct) with remainder to the 2 children equally. UK wills remain in force for UK assets. Fee quoted on request, one-off.

German retiree with apartment in El Higuerón

Single, no children, German nationals. Wants to leave the apartment to her sister in Hamburg. Spanish will with professio iuris choosing German law. Fee quoted on request.

Irish couple with villa in Torreblanca, 4 children spread across Ireland, UK and USA

Complex family situation requires careful drafting. Spanish will + Irish will + estate planning advice on minimising future inheritance tax. Fee quoted on request, depending on planning depth.

Frequently asked questions

I made a UK will 10 years ago. Do I still need a Spanish will?

Yes, strongly recommended. Your UK will is valid for your UK assets, but for your Spanish property your heirs will face a 6-month delay and €2,000+ in extra costs translating, apostilling and interpreting it before a Spanish notary. A Spanish will avoids all of that for a one-off fee, quoted on request.

What if I don’t choose my national law? What happens by default?

Under EU Regulation 650/2012, if you don’t expressly choose your national law (professio iuris) in your will, your succession is governed by the law of your habitual residence at the moment of death. If your habitual residence is in Spain — a question of fact, with no minimum number of years — Spanish law applies, which imposes forced heirship: two thirds of your estate are reserved for your children (art. 808 of the Civil Code: one third in equal shares, the legítima estricta, and one third that you can distribute among your children and grandchildren, the mejora), and your spouse is entitled to a life usufruct of one third (art. 834). If you have a particular distribution in mind that doesn’t follow Spanish forced heirship rules (for example, leaving everything to your spouse), you NEED to choose your national law expressly.

I’m British and I want to leave everything to my second wife, bypassing my children from a previous marriage. Can I?

Under English law: yes, you have full testamentary freedom. So in your Spanish will, you must EXPRESSLY choose English law (professio iuris). Then your Spanish assets follow English rules and you can leave them to whomever you want. Without that choice, Spanish forced heirship would reserve two thirds of your Spanish estate for your children (art. 808 of the Civil Code), leaving your wife the life usufruct of one third and the freely disposable third.

Will my Spanish will need to be apostilled or translated after I die?

No. That’s the point. A Spanish will is in Spanish, archived by a Spanish notary, and immediately enforceable in Spain. Your heirs just request the Last Wills certificate and an authorised copy. No translation, no apostille, no delays.

Can I sign my Spanish will via video, from the UK?

No. The Notarial Act only allows wills by videoconference during a declared epidemic (art. 17 ter of the Notarial Act); otherwise you must appear before the notary. The good news: the signing takes 30 minutes. We coordinate the appointment for your next visit to Spain. Most clients plan it during a trip they were already making.

Free consultation in English

Call +34 900 525 939 or use our contact form. Office in central Fuengirola, opposite the marina. Same-day reply in English. First consultation free, no obligation.

Already need to handle an inheritance? Go to our Spanish inheritance service for non-residents →