Making a will in Spain is an essential step for any international resident or property owner. If you hold assets in Spain, particularly in the Valencian Community, a properly structured testament ensures legal certainty, simplifies succession and protects your heirs from unnecessary delays and costs.
We specialise in cross-border inheritance law and international estate planning. Our role is to ensure your assets in Spain are legally protected and that your succession is handled in accordance with your wishes and applicable law.
Index
- What a Spanish will is and how it works
- Why making a will in Spain is essential
- Applicable inheritance law for expats (EU Regulation 650/2012)
- Types of wills under Spanish law
- Step-by-step process before a Spanish notary
- Tax and regional considerations in the Valencian Community
- Documentation required for inheritance proceedings
Before diving into successions, you might be interested in our guide on Anti-Money Laundering checks when Buying a House in Spain, as legal security starts from the moment of purchase.
What is a Spanish Will?
A Spanish will is a legal document executed before a public notary that determines how your assets located in Spain will be distributed upon death. These assets may include real estate, bank accounts, vehicles and other property situated in Spanish territory.
The most common form for international residents is the open will (testamento abierto), signed before a notary and automatically registered in the Spanish Central Register of Wills (Registro General de Actos de Última Voluntad). This ensures its validity and accessibility when the succession process begins.
A Spanish will does not necessarily replace a foreign will; in many cases, it complements broader international estate planning.
Why Making a Will in Spain is Essential
Dying without a valid will in Spain means that your estate will be distributed according to statutory intestacy rules under Spanish law. This can result in outcomes that do not reflect your personal intentions and may significantly complicate the position of surviving spouses or heirs.
In addition, intestate estates typically involve:
- Longer administrative procedures
- Higher legal and notarial costs
- Increased documentation requirements across jurisdictions
- Delays in access to bank accounts and property transfers
A properly drafted will significantly reduce administrative burden and legal uncertainty for your heirs.
Applicable Inheritance Law for Expats
Inheritance in Spain is governed by Spanish civil law and EU Regulation 650/2012, which determines jurisdiction and applicable law in cross-border successions.
Under this regulation, individuals may, under certain conditions, choose the law of their nationality to govern their estate as a whole. This choice must be expressly included in the will.
If no election of law is made, Spanish law will generally apply to assets located in Spain.
Spanish succession law includes forced heirship rules, meaning that a portion of the estate may be reserved for certain heirs (such as descendants), depending on the family structure.
Proper legal drafting is essential to ensure that your testament reflects your intentions while remaining compliant with mandatory rules.
Types of Wills in Spain
Spanish law recognises several types of wills, although not all are recommended for international clients:
- Open Will (Testamento Abierto): Signed before a notary, registered centrally and legally secure. This is the standard and most recommended form.
- Closed Will (Testamento Cerrado): Delivered to a notary in a sealed document, content remains confidential until death.
- Holographic Will: Handwritten by the testator. This requires judicial validation after death and is generally not recommended for international residents.
Process of Making a Will in Spain
The process typically includes:
- Legal review of assets and family situation
- Drafting of the will (often bilingual for clarity)
- Signature before a Spanish notary
- Registration in the Central Register of Wills
To sign a will, you will generally need valid identification (passport) and, where applicable, NIE documentation.
The will can be modified at any time, and the most recent valid version will always prevail.
Tax Considerations in the Valencian Community
Inheritance tax in Spain is managed at regional level, meaning that the Valencian Community applies its own reductions and allowances.
Correct estate planning can significantly reduce the tax burden on heirs when properly structured in advance.
Documentation for Inheritance Proceedings
When a succession is opened in Spain, heirs will typically need:
- Death certificate
- Certificate of Last Wills
- Notarial copy of the will
- NIE numbers for heirs
- Bank certificates and asset documentation
- Official translations and apostilles (if foreign documents are involved)
In some cases, notaries and tax authorities may also require proof of origin of assets, particularly for large estates or international transfers.
A Spanish will is not only a legal document but a key component of international estate planning. Proper drafting ensures legal certainty, reduces administrative burden and protects your heirs from unnecessary complications.
At Legal Nest Group, we assist international clients in structuring their succession planning in Spain with full legal security and clarity.
