Why a Spanish will
If you own property in Spain, your heirs will have to prove their rights to Spanish authorities and to a Spanish notary. A will made in another country can be valid, but using it in Spain may require formalities such as legalisation and sworn translation, which can slow the process down. A Spanish will limited to your property in Spain can simplify matters for your family. If you already have a will elsewhere, the two must be coordinated so that one does not unintentionally cancel the other.
Which law applies
Under the EU Succession Regulation, the law of the country where you habitually live at the time of your death generally governs your succession. In your will you can choose instead the law of your nationality. Whether to make that choice depends on your situation, and I explain the options before you decide.
How it works
- Instructions. We discuss your family, your assets and your wishes, including any existing will.
- Drafting. I prepare the text in Spanish and explain it to you in English.
- Signing. You sign the will in person before a Spanish notary. A will is a personal act and cannot be signed through a representative.
- Registration. The will is recorded in the Spanish register of wills and you keep an authorised copy.
What a will can do
- Name who inherits your property in Spain and in what shares
- Appoint someone to carry out your wishes
- Deal with how the property is held between spouses or partners
- Choose the applicable law, where this is available to you
Depending on the law that applies, part of an estate may be reserved for certain close relatives, so the freedom to leave property as you wish is not always complete.
What I do for you
I take your instructions, explain the consequences of each choice, prepare the will, arrange the appointment with the notary and make sure the registration is completed. Most of the preparation can be done remotely; only the signing requires you to be in front of the notary. The will is also the starting point for your family later on: see inheritance in Spain.
Frequently asked questions
I already have a will at home. Do I need another?
Not always, but it is worth reviewing. A Spanish will for your Spanish property can simplify matters, as long as it is coordinated with your other will.
Can I make it without travelling to Spain?
The signing must be done in person before a notary, so you do need to attend. I handle the preparation remotely.
Can I change it later?
Yes. You can make a new will at any time. A later will generally replaces an earlier one unless it is drafted otherwise.
Not sure where to start? Tell me about your situation.
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