Do I Need a Spanish Will if I Live in Spain?
- Official sources checked
- Written by Sue Berry
- Practical guidance
Published 10 August 2026
A Spanish will is not automatically compulsory simply because you live in Spain or own a Spanish property. However, for many British residents and non-resident property owners, a carefully drafted Spanish will can make the administration of Spanish assets clearer and easier for the people left behind.
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The Quick Answer
You may not be legally required to make a Spanish will, but it is often sensible if you own a home, bank account or other assets in Spain. The will must be coordinated with any UK will so that one document does not accidentally revoke or contradict the other. Cross-border succession and tax depend on the facts, so use a lawyer or notary who understands both countries.
Why a Spanish will can help
When someone dies owning assets in Spain, their heirs must deal with Spanish evidence, deadlines and formalities. A Spanish will dealing specifically with Spanish assets can make the deceased person's wishes easier to identify and can reduce uncertainty while the estate is being administered. The UK government's guidance for British people in Spain recommends making a Spanish will to help prevent additional problems and expense for heirs.
Which inheritance law applies?
Under the EU Succession Regulation, the general rule is that the law of the country where the deceased was habitually resident applies to the succession as a whole. A person may instead expressly choose the law of their nationality to govern their succession. This is a technical choice of law, not a way to opt out of every Spanish tax or administrative rule.
British nationals should ask a suitably qualified professional whether a nationality-law clause is appropriate and how it should be worded. The answer can change if you have more than one nationality, assets in several countries, a blended family, previous wills or a change in where you normally live.
One will or two?
Some people use one international will. Others make a Spanish will limited to Spanish assets and keep a separate UK will for assets elsewhere. Neither arrangement is automatically best. The important point is that every adviser sees the other will and confirms that the documents work together.
What to prepare before an appointment
Make a simple list of your assets and where they are located. Include property details, bank accounts, investments, business interests and valuable personal possessions. Note your nationality or nationalities, usual country of residence, family circumstances and any earlier wills. Take identification and copies of existing wills to the appointment.
Keep the practical trail clear
Tell your executor or a trusted person that wills exist and where the originals can be found. Spanish wills are recorded through the General Register of Last Wills, but your family will still benefit from clear contact details for the lawyer or notary who prepared the document. Review the arrangement after a marriage, divorce, bereavement, major purchase, change of residence or change of nationality.
Important — Read Before You Act
This is general information, not legal or tax advice. A choice of succession law does not remove Spanish inheritance-tax duties, filing deadlines or local procedures. Do not copy a clause from the internet or sign a new will until a suitably qualified cross-border professional has checked every existing will and the assets it covers.
What To Do — Step by Step
List your Spanish and non-Spanish assets, family circumstances, nationality and usual country of residence.
Find a Spanish lawyer or notary experienced in cross-border estates involving British nationals.
Provide copies of every existing will and ask for written confirmation that the documents will not conflict.
Discuss which succession law may apply and whether an express choice of nationality law is suitable for you.
Sign using the required formalities and keep the professional's contact details with your emergency information.
Review the wills after major family, property, residence or nationality changes.
Common Mistakes to Avoid
- Assuming a Spanish property automatically means Spanish succession law governs everything.
- Making a Spanish will without showing the adviser an existing UK or other-country will.
- Treating a choice-of-law clause as if it also removes Spanish inheritance tax or filing duties.
- Leaving relatives unaware that a will exists or who prepared it.
- Using an unverified template for a cross-border estate.
Your Action Checklist
- Asset list for Spain and other countries
- Passport and nationality details
- Usual residence and family circumstances recorded
- Copies of all existing wills
- Cross-border professional selected
- Choice-of-law question discussed
- Wills checked for conflicts
- Trusted person knows where the details are kept
- Review date added to the calendar
Frequently asked questions
Do non-residents need a Spanish will to own property in Spain?
No. A Spanish will is not generally a condition of owning Spanish property. It may still make the later administration of that property clearer and should be considered with cross-border advice.
Can I have both a UK will and a Spanish will?
Yes, many people do, but the documents must be drafted to work together. Each adviser should see the other will and clearly identify which assets each document covers.
Can I choose UK law in a Spanish will?
The EU Succession Regulation allows a person to choose the law of their nationality to govern their succession, subject to the regulation's conditions. Ask a qualified professional whether that choice is appropriate and how it affects your estate.
Does choosing UK law avoid Spanish inheritance tax?
No. Succession law and inheritance tax are separate questions. Spanish tax and reporting rules may still apply to Spanish assets or beneficiaries.
How often should I review a Spanish will?
Review it after major changes such as marriage, divorce, bereavement, buying or selling property, moving country, changing nationality or making another will.
Further Reading
In Summary
A Spanish will is not automatically compulsory, but it can simplify the handling of Spanish assets. The safest approach is to map your assets, coordinate every will and obtain advice on succession law, tax and Spanish formalities before signing.
Sue’s final thoughts & experiences
A personal note from Sue Berry
In my experience, the biggest problem isn't that people don't have a will — it's that nobody knows where it is. I've seen families spend weeks searching through drawers and paperwork at the worst possible time. Before you do anything else, tell your executor exactly where the original document is stored and keep a note of your solicitor's contact details with your important papers.
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