Spanish Will – Part 2

Guest Article by Certus Law

Do You Own Property in Spain? Here's Why a Spanish Will Could Be the Most Important Document You Ever Sign

If you own real estate in Spain — or are planning to buy — there is one legal step that many foreign buyers overlook entirely: making a Spanish will.

It might not be the most exciting topic, but failing to plan your inheritance properly in Spain can lead to costly delays, family disputes, and a significant tax burden for your loved ones. The good news is that it doesn't have to be complicated — as long as you take the right approach from the start.

Why a Separate Spanish Will?

Many Northern European buyers assume that their will back home will cover everything, including their Spanish property. In practice, however, this is rarely straightforward. Spanish inheritance law has its own rules, procedures, and — crucially — its own tax implications.

Having a will specifically drawn up under Spanish law makes the process significantly smoother and faster for your heirs, and avoids the need for expensive cross-border legal procedures.

Under EU Regulation 650/2012 (the "Brussels IV" Regulation), citizens of EU countries can choose to have the law of their nationality govern their entire estate. However, even when this is the case, having a separate Spanish will for your Spanish assets simplifies the process enormously and saves time and money when the moment comes.

The Main Three Types of Wills Under Spanish Law

1. Private (Handwritten) Will

A private will is written entirely by hand by the testator, without the involvement of a notary or lawyer. While it costs nothing, the risks far outweigh the savings.

After the testator's death, a private will must go through a formal court validation process (acto de notoriedad) to establish its authenticity. It is easy to lose or destroy — accidentally or otherwise — and provides no guarantee of legal validity. It is also far more vulnerable to challenge by heirs or other interested parties.

Our recommendation: avoid this option entirely. The apparent saving of a few hundred euros can cost your heirs thousands — in time, legal fees, and family conflict.

2. Notarial Will

This is by far the most common and recommended type of will in Spain.

It is signed before a Spanish notary (notario), who verifies your identity, ensures the document complies with Spanish law, and retains the original in their official records.

The will is then registered in the Central Registry of Last Wills (Registro de Últimas Voluntades) in Madrid, meaning that after your death, your heirs can easily verify its existence and obtain a certified copy.

A notarial will provides legal certainty, is almost impossible to lose, and greatly reduces the risk of disputes or legal challenges.

The cost is minimal — typically between €50 and €100 — and the process can usually be completed in a single appointment, provided you know what you want to include.

Important note:

While the notary ensures the will is legally valid, they do not provide advice on the content of the will or its tax implications. For straightforward situations, this may be sufficient. But for many property owners — especially those with assets in more than one country — it is worth going a step further.

3. Will with Prior Legal and Tax Planning

This option combines the security of a notarial will with personalised legal and fiscal advice beforehand.

A specialist lawyer reviews your overall situation — your assets in Spain and abroad, your family circumstances, your residency status, and applicable tax rules — and helps you structure your will in the most efficient way possible.

This is particularly valuable if you:

• Own one or more properties in Spain with significant value
• Have a complex family situation (blended families, unmarried partners, children from different relationships)
• Are unsure whether Spanish or your home country's inheritance law should apply
• Want to minimise the inheritance tax (Impuesto de Sucesiones) payable by your heirs

Inheritance tax in Spain can be substantial, and the rules vary significantly between regions. Andalusia, for example, has its own regional tax regime that may offer important advantages — but only if your affairs are properly structured in advance.

The investment in proper legal advice at this stage can save your heirs many times that amount.

A Final Thought

A Spanish will is not an expense — it is a gift to your family.

For the price of a weekend away, you can give your loved ones the certainty that, when the time comes, everything will be handled smoothly, quickly, and without unnecessary cost.

If you own property in Spain and do not yet have a Spanish will, we strongly encourage you to act sooner rather than later.

About the Author

In Certus, based in Málaga, they may assist foreign nationals throughout the process — from the initial review of your personal and tax situation through to the signing before a notary.

They work in English and are experienced in the specific issues facing Nordic and other Northern European buyers in Andalusia.

Feel free to get in touch for an initial consultation. They are happy to advise you on whether a simple notarial will is sufficient for your situation, or whether prior planning would be worthwhile.

Make your property ownership simple — even when life happens

Owning property abroad isn’t just about today — it’s about creating clarity and security for the future.

With Estity, you can:

• Keep all important documents in one secure place
• Get a clear overview of your property and obligations
• Simplify tax handling and legal processes
• Share access with family members when needed

A Spanish will is one piece of the puzzle — having everything structured and accessible is what truly creates peace of mind.