Chapter
Spanish will for foreigners who own property in Spain
Quick answer
For deaths in most EU states, the EU Succession Regulation lets one law govern the whole estate, normally that of the country of habitual residence, unless you choose the law of your nationality. A Spanish will limited to Spanish assets can still simplify matters. Take advice on your case.
Applies toForeigners who own, or plan to own, property in Spain and who want to know how it will pass at death.
On this page: 12 sections
§ 1Why it matters
Property is the main asset many foreigners own in Spain, and what happens to it at death depends on rules that few buyers have read. The questions are: which country’s law governs the succession, what the heirs must do in Spain, and what tax is due. The first two are legal questions; the tax belongs to the costs section. It belongs to the legal process, since the time to plan is when you buy.
§ 2The EU Regulation
The Succession Regulation applies to the succession of persons who die on or after its date of application, in the Member States that take part. It provides that any law it specifies is applied whether or not it is the law of a Member State. The main rule is that the succession as a whole is governed by the law of the State where the deceased had habitual residence at death, unless manifestly more closely connected with another State. A person may choose the law of the State whose nationality they hold, expressly in a disposition of property upon death. The applicable law governs the succession as a whole, including the disposable part of the estate and the reserved shares. These rules are explained in a Spanish will.
§ 3Reserved shares
Many legal systems reserve a part of the estate to close relatives. The choice of law decides whether and how those rules apply to your Spanish property. Forced heirship explains the point in more detail for foreigners.
§ 4Proving heirship in Spain
After a death, the heirs must prove their status to the registry and the tax office. The Regulation creates a European Certificate of Succession for use in another Member State. Its use is not mandatory and it does not replace national documents. It is for heirs, legatees with direct rights, executors and administrators, and it produces its effects in all Member States without special procedure. The European certificate of succession explains it.
§ 5Why heirs struggle
Heirs of foreign owners often face the same problems: documents in the wrong language, no list of assets, no knowledge of which lawyer to call, and uncertainty about which country’s law applies. Each adds delay and cost. Preparation by the owner, while alive, removes most of them.
§ 6Planning
Decide where your habitual residence is, think about choosing the law of your nationality, and consider a will covering Spanish assets. Review the plan if you move country or change your assets. Keep your will, the Spanish one if any, and a list of assets in a place that your family knows.
§ 7Language and form
A will is a formal document. A Spanish will is drawn up before a notary, in Spanish, with a translation or an interpreter if you do not speak the language. Make sure you understand every clause before signing, and ask for a translation you can keep.
§ 8Taxes at death
The inheritance tax in Spain is covered in the costs section of this handbook, including the rules for non-residents. The legal rules decide who inherits, and the tax rules decide what the heirs owe. They are separate questions, and both need an answer in the plan. Heirs who live abroad should know the filing deadline after a death, which is short, and should ask a lawyer early.
§ 9Joint ownership and companies
Couples often hold property jointly, and some buyers use a company. The effect on succession depends on the arrangement and the applicable law, so take advice before you choose. Do not choose a structure to avoid tax without advice.
§ 10Professional help
A lawyer experienced in international succession can check your situation. A lawyer should look at your own case, because family and assets differ.
§ 11Back to the section
Legal process and checks in detail explains the legal steps and checks of a purchase.
§ 12Other chapters in this section
The NIE for buyers explains the foreigner’s number you need to buy and the professionals in a purchase step by step explains who does what: lawyer, notary and gestor.
What due diligence means explains the checks to make before you sign and the basics of illegal builds explains the planning risks and how to avoid them.
The basics of contracts before completion explains the papers you sign before the deed and completion and the deed for buyers explains the signing at the notary and what follows.
Communities of owners in detail explains how a Spanish flat block is governed and risks and scams in detail explains the real risks and how to reduce them.
FAQRelated questions
Which law applies to my Spanish property?
Usually the law of the country where you last lived, not where the property stands, unless your will picks the law of your citizenship instead. Participation varies between countries, so a specialist should confirm your own case.
Do I need a Spanish will?
Not always, but a will for your Spanish property can make the process simpler for your heirs. It must fit with any will you have elsewhere, so that the two do not conflict. Ask a lawyer who knows both systems.
What is the European certificate?
A document created by the Regulation for heirs and others to prove their status in another Member State. Its use is not mandatory. It is presumed accurate and can be used to record succession property in a register.
Sources
- EUR-Lex: Regulation (EU) No 650/2012 on succession and the European Certificate of Succession (official source, opens in a new window), Arts. 20 to 23 and 62 to 69Last checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.