Note
A Spanish will for owners of Spanish property
Quick answer
Often useful, though not required. Under the EU Regulation the law of your habitual residence normally governs your whole estate unless you choose your nationality’s law. A Spanish will for Spanish assets can make the process smoother for heirs, as long as it is coordinated with any other will.
Applies toForeign owners of Spanish property, especially those who live abroad or split their time between countries.
On this page: 8 sections
§ 1The short answer
No law says that a foreigner who owns property in Spain must have a Spanish will. But a will can reduce delay, cost and doubt for your heirs, and the EU Succession Regulation changes what a will can do. This page is part of the chapter in wills and succession in detail.
§ 2What the Regulation says
The Regulation says 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. It also allows a person to choose the law of the State whose nationality they hold at the time of the choice or at death, expressly in a disposition of property upon death. The applicable law governs the whole succession, including the disposable part and the reserved shares. And the law specified applies even if it is not the law of a Member State.
§ 3What that means for you
If you live in Spain, Spanish law will normally govern your estate wherever it is, unless you choose your nationality’s law. If you live in your home country and own a holiday home in Spain, your home country’s law may govern, again depending on whether the Regulation applies there. Whatever the answer, the Spanish registry and tax office will want documents about the succession, and they may be in a foreign language.
§ 4The case for a Spanish will
A Spanish will for Spanish assets helps heirs show their rights quickly. It can state the choice of law, name an executor and describe the property. It is in Spanish, held in a central register, and recognised by the offices that will deal with it. For heirs who do not live in Spain, this saves time.
§ 5The risks
A badly coordinated second will can revoke the first, or cause conflicts. A will that does not state the choice of law may leave doubt. A will drafted by someone unfamiliar with the other country’s rules can cause trouble. Use a lawyer who understands both systems, or two lawyers who communicate.
§ 6Practical steps
List your assets in each country and your family situation. Decide where your habitual residence is likely to be. Consider whether to choose the law of your nationality. Have the Spanish will drafted to cover Spanish assets only, with clear wording on revocation. Sign it before a notary, keep copies and tell your heirs.
§ 7Review
Review the will when you move, marry, divorce, have children or buy or sell property. A will that was right ten years ago may no longer match your life. Ask the notary or lawyer to check it from time to time.
§ 8Proof for heirs
After the death, the heirs may use a European Certificate, as explained in more on the European certificate of succession, or other documents. The reserved shares issue is covered in more on forced heirship.
FAQRelated questions
Can my home-country will cover Spain?
Often yes, if it is valid and the Regulation applies. But your heirs may face extra steps in Spain, such as translation and legalisation. A coordinated Spanish will can reduce them. Check how the two documents interact before signing a second one.
Will a second will cancel the first?
It can, if it is drafted carelessly. A will that says it revokes all earlier wills may cancel your home-country will. Tell the lawyer about every will you have, and ask for clauses that limit each will to its own assets.
Where should I sign it?
A Spanish will is signed before a Spanish notary, who keeps the original and records it in a central register. You can sign it on a trip or through the formalities your lawyer explains. Keep a copy and tell your heirs where it is.
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.