This article originally published in 2015 has been updated in March 2021
Do I really need to make a Spanish will ?
If is very simple. If you have assets in Spain is highly advisable to make a Spanish will to death with your assets in Spain. After 25 years handling probate for ex-pats in Spain I can advice you that it is in you best interest to make a Spanish will
That was the short answer to the question. Follows a bit more detail:
It is not obligatory but it is highly convenient and we recommend it with-ought any doubt.
Since setting up office in back 1993 I have always been surprised by the amount of people who have asked me it is convenient to make a will in Spain concerning their Spanish assets.
In England if you do not make a will, then the law has rules, which will determine the distribution of your assets. These rules could mean that your assets are distributed in a way very different from what you would have liked.
In Spain the situation is the same, with additional factors.
Your heirs will have to deal with a foreign language and legal system. Even more important if you are resident in Spain the assets unless you have said differently on your will would be distributed conforming to Spanish law (explained in article below).
Some people include their Spanish assets in their English will. This is legally binding, but to obtain probate in Spain, it will be necessary for the will to be translated and legalized. This can be very complex if the English will mentions a trust, as trusts do not exist in Spanish law.
My advice on the subject is to have two separate wills, one in England for your English assets and one in Spain for your Spanish assets.
Drawing up a will in Spain does not take long and is not expensive, and will definitely save your heirs a lot of time, problems and money.
Your Lawyer will draw up a rough draft, and then he will make an appointment at the notary to sign the final document. One copy is sent by the notary to the central register in Madrid. He will hold on to the original copy. You will be given a copy that I suggest you inform your heirs and lawyer in England about, and then put it in the bottom draw, with the peace of mind of knowing that everything is taken care of.
At Davies Solicitors we will listen to your wishes and advise you on the most tax efficient way of dealing with your Spanish estate. We will explain in detail the tax implications of your wishes to help you make an informed decision.
We will prepare a will in both English and Spanish for signature and in general we will provide you the peace of mind of knowing that everything has been left organized for your heirs. Please call or email us for an appointment
Needless to say our our wills comply with new European Directive 650/2012 which means you will be free to allocate your estate as you wish and in the most tax efficient manner.
For information about making a will or revising an existing one, please visit the will page of our website:
IF YOU HAVE A WILL MORE THAN A COUPLE OF YEARS OLD IT IS PROBABLY TIME TO GIVE IT A SECOND LOOK AS IN THE LAST FEW YEARS THEIR HAVE BEEN VARIOS CHANGES TO THE LEGISLATION . WE RECOMMEND YOU VISIT YOUR SOLICITOR AND AT LEAST DISCUSS THE DIRECTIVE 650/2012 AND THE SENTENCE OF THE E.C.J OF THE 3rd OF SEPTEMBER OF 2014. IF THE WILL IS OLD HE WILL PROBABLY FIND IT BE CONVENIENT OR EVEN NECESSARY TO MAKE CHANGES.
- In Spain if you do not make a will things will be at best complicated and expensive for your heirs (having to rely on the con-validation). In some cases it will result in the wrong heirs receiving the estate and in extreme situation the estate may be to complex to resolve. English wills that use trusts are very complex to con validate as trusts do not exist in Spain.
- You can mitigate Spanish inheritance tax by planning the distribution of your estate. A will can be the single most cost-effective document you will sign during your lifetime.
- You will have the peace of mind of knowing that things are in order for your heirs and that they will not end up dealing with a complicated and costly procedure in a foreign country.
- If you already have a will I recommend you take e a look at it as it may not comply with European Directive 650/2012 that comes into force on the 17th of August of 2015. With the new directive if you live in Spain, have children and do not state on your will that u.k. law is to apply to your estate then it will be run under Spanish law and and your children will inherit instead of your spouse regardless of your wishes expressed on the will.
- Since the sentence of the E.C.J. of 3rd of September of 2014non resident Group I heirs can claim the same exemptions as residents and your existing wills will not have made the maximum use of these exemptions.
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