Why Spanish Wills for Non Residents Are Essential for Every Foreign Property Owner in Spain

Owning a villa in Marbella or an apartment on the Costa del Sol is a dream for many international buyers. Yet very few of them stop to think about what will happen to that property when they are gone. Spanish wills for non residents are one of the simplest and most cost-effective tools to protect your family, avoid months of legal delays and ensure your Spanish assets pass exactly to the people you choose.

In this guide, our inheritance lawyers explain how Spanish inheritance law for non residents works, why a will from your home country is often not enough, and what steps you should take today to secure your property in Spain.

Quick answer: A Spanish will is a notarised will signed before a Spanish notary that covers your assets located in Spain. For non-resident property owners, it speeds up the inheritance process, reduces translation and legalisation costs, and allows you to choose the law of your nationality to govern your succession.

What Is a Spanish Will for Non Residents?

A Spanish will for non residents is a legal document, usually an open will (testamento abierto), signed in front of a Spanish notary. It sets out who will inherit your assets located in Spain, such as real estate, bank accounts, vehicles or shares in Spanish companies.

Once signed, the notary keeps the original document and registers it with the Central Registry of Last Wills (Registro General de Actos de Última Voluntad) in Madrid. This means your heirs can locate it quickly and the Spanish authorities will recognise it immediately.

You do not need to be a resident in Spain to make one. You only need a valid passport and, ideally, your NIE number. If you do not have one yet, read our guide on how to get a NIE in Spain before buying property.

How Spanish Inheritance Law for Non Residents Works

Understanding Spanish inheritance law for non residents starts with one key piece of legislation: the EU Succession Regulation (Regulation 650/2012), which has applied since 17 August 2015.

The general rule: habitual residence

Under this regulation, the law that governs your entire estate is, by default, the law of the country where you were habitually resident at the time of death. If you live in the United Kingdom, Sweden or the United States and only own a holiday home in Spain, your home country’s law will usually apply.

However, if you spend most of the year in Marbella, Spanish authorities may consider you habitually resident in Spain, even if you never formally registered as a resident. In that case, Spanish succession law, including its forced heirship rules, could apply to your worldwide estate.

The exception: choosing the law of your nationality

The regulation allows you to choose the law of your nationality to govern your succession. This choice must be made expressly in your will. It is one of the main reasons why a well-drafted Spanish will is so valuable: it removes uncertainty about which law applies.

Spain applies this rule to nationals of any country, not only EU citizens. British, American or Norwegian owners can therefore also benefit from it.

Forced heirship in Spain

Spanish common civil law protects certain relatives through forced heirship (legítima). In general terms, two-thirds of the estate are reserved for children and descendants, and the surviving spouse has a life-interest right over part of the estate. Some Spanish regions, such as Catalonia or the Balearic Islands, have their own civil rules.

If your national law allows you to leave your assets freely, choosing it in your Spanish will can help you avoid these restrictions.

What Happens If You Die Without a Spanish Will?

Many foreign owners assume that their home-country will is enough. Technically, a valid foreign will can be accepted in Spain, but the process is usually slower and more expensive. Your heirs may need to:

• Obtain an official copy of the foreign will and, where applicable, the grant of probate
• Legalise the documents with an Apostille
• Pay for sworn translations into Spanish
• Provide a certificate of foreign law from a lawyer in your home country
• Wait for foreign probate procedures to finish before starting the Spanish process

If there is no will at all, intestacy rules apply. The heirs will need a declaration of heirs, and the property may pass to people you did not intend to benefit.

During this time, the property can remain blocked: it cannot be sold, bank accounts are frozen, and bills, community fees and local taxes continue to accumulate.

6 Key Benefits of Having a Spanish Will

1. Faster inheritance process

A Spanish will is recognised immediately by notaries, banks and the Land Registry. Your heirs can start the process without waiting for foreign probate.

2. Lower costs for your heirs

Fewer translations, apostilles and foreign legal certificates mean significantly lower costs and less paperwork.

3. Legal certainty about the applicable law

By expressly choosing the law of your nationality, you reduce the risk of disputes about whether Spanish forced heirship rules apply.

4. Protection of your spouse or partner

Couples can sign separate “mirror wills” to protect each other. Spanish common civil law does not allow a single joint will, so each person signs their own.

5. Easy to locate

Because the will is registered in the Central Registry of Last Wills, your heirs can find it by requesting a certificate after the death.

6. Peace of mind for your family

Your loved ones will face a clear, organised process at an already difficult time, instead of dealing with bureaucracy in a foreign language.

Spanish Will vs. Home-Country Will: Comparison

Important: Having a Spanish will does not mean you should cancel your home-country will. The two documents should be coordinated so that one does not accidentally revoke the other.

How to Make a Spanish Will Step by Step

1. Initial legal consultation. Your lawyer reviews your family situation, nationality, residence and assets in Spain.
2. Choice of applicable law. You decide whether to choose the law of your nationality.
3. Drafting the will. The lawyer prepares a draft, usually bilingual, and coordinates it with your foreign will.
4. Notary appointment. You sign the will before a Spanish notary. If you do not speak Spanish, an interpreter or bilingual text ensures you fully understand it.
5. Registration. The notary registers the will with the Central Registry of Last Wills.
6. Periodic review. Update your will after major life events such as marriage, divorce, the birth of children or the sale of property.

If you cannot travel to Spain, some steps can be managed remotely. Learn more about how a Spanish power of attorney can help with property matters while you are abroad.

Inheritance Tax: What Your Heirs Should Know

A Spanish will organises who inherits, but it does not eliminate Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones). When a Spanish property is inherited, the heirs must pay this tax in Spain, even if they are non-residents.

Key points to consider:

• The tax return must generally be filed within six months of the death, with a possible six-month extension if requested in time.
• Since recent legal reforms, non-resident heirs can generally apply the regional tax allowances, which in regions such as Andalusia can be very favourable for spouses and children.
• The municipal capital gains tax (plusvalía municipal) may also be due.
• All heirs will need an NIE to accept the inheritance.

Tax rules change frequently, so personalised advice is essential. Our tax efficiency planning lawyers can help you estimate the future tax impact and plan ahead.

Common Mistakes Foreign Property Owners Make

• Assuming a foreign will is enough. It is valid, but often slow and costly to execute in Spain.
• Including a general revocation clause. A new will that “revokes all previous wills” can accidentally cancel your will in another country.
• Ignoring habitual residence. Spending long periods in Spain may change the law that applies to your estate.
• Not updating the will after selling or buying property.
• Forgetting about inheritance tax. Heirs may face unexpected costs if planning is not done in advance.
• Buying without a long-term plan. Ownership structure (personal or through a company) affects future inheritance. Our guide on buying property in Spain from the UK after Brexit explains other common mistakes.

Protect Your Spanish Property Today

A Spanish will is a small step that can save your family time, money and stress. At Koax Legal, our inheritance and wills lawyers in Marbella help international property owners draft Spanish wills coordinated with their foreign estate planning, and assist heirs throughout the entire inheritance process anywhere in Spain.

Whether you are buying property on the Costa del Sol or already own a home here, now is the right time to plan.

Book a consultation with our team →

FAQs About Spanish Wills for Non Residents

Do non residents need a Spanish will if they own property in Spain?

It is not legally mandatory, but it is highly recommended. A Spanish will makes the inheritance process faster, cheaper and simpler for your heirs.

Does Spanish inheritance law apply to foreigners?

It depends on your habitual residence and whether you have chosen the law of your nationality in your will. Under EU Regulation 650/2012, non residents can usually choose their national law to govern their succession.

Can I have a Spanish will and a will in my home country?

Yes. Many foreign owners have two coordinated wills: one for Spanish assets and one for the rest of their estate. They must be drafted carefully so that neither revokes the other.

Can a Spanish will avoid forced heirship?

If your national law allows freedom of testation and you expressly choose it in your will, Spanish forced heirship rules will generally not apply to your succession.

Do my heirs have to pay inheritance tax in Spain?

Yes. Spanish inheritance tax applies to property located in Spain, regardless of the heirs’ residence. Regional allowances may significantly reduce the amount payable.

Can a couple make a joint will in Spain?

Under Spanish common civil law, joint wills are not permitted. Each spouse or partner signs an individual will, often with mirror provisions.

How long does it take to make a Spanish will?

Once the content is agreed, the will can usually be signed at the notary within a few days.