⚖️ Why Foreigners in Spain Need a Proper Will
A practical warning for international families with Spanish assets
Owning a home in Spain is a dream for many international families. But when someone dies without a clear, properly considered succession plan. That dream can quickly become a complicated legal, notarial and administrative problem.
This article uses a fictionalised, anonymous scenario based on issues that frequently arise in cross-border succession matters. It is for general information only and is not a substitute for tailored legal advice.
Key message: a will made years ago in another country may not be enough to ensure that a Spanish estate can be dealt with smoothly.
🌍 The problem: an international life can create an international succession
Consider a person who was born abroad, later made Spain their habitual home, married after signing an old will, and owned Spanish property jointly with their spouse. The old will names a former partner abroad, who may be difficult to locate.
After death, the surviving spouse may understandably assume that the Spanish home will pass to them. That is not necessarily the result. Before any inheritance deed can be signed, the applicable law, the scope and validity of the will. The position of the surviving spouse and the identity and rights of the named beneficiary may all need to be analysed.
For deaths on or after 17 August 2015, the starting point under the EU Succession Regulation is generally the law of the country where the deceased had their habitual residence at death. A person may, however, in certain circumstances choose the law of their nationality in a will or other disposition on death. This is why nationality, residence, the terms and date of the will, and family circumstances all matter. Regulation (EU) Nº 650/2012.
🔎 Why an old foreign will may cause difficulty in Spain
A will prepared abroad can be perfectly valid, yet still create practical complications when the deceased had close connections with Spain or left Spanish property. Issues may include:
- Which country’s succession law applies to the estate as a whole.
- Whether a choice of law was made clearly and validly in the will.
- Whether marriage, divorce, children or changed circumstances affect the intended outcome.
- Whether the person named in the will can be found and whether they must take part in the inheritance process.
- How the foreign will and supporting documents must be evidenced before the Spanish notary and, where necessary, the Land Registry.
- Whether foreign certificates, apostilles, legalisations or translations are required.
In cross-border cases, a Spanish notary may need to determine the applicable law and assess the evidence concerning the deceased’s habitual residence and succession documents. A person’s presence, family and professional links, and reasons for living in a country can all be relevant. Notarial declaration of heirs for foreign nationals.
🏠 Spanish property does not automatically make the answer simple
It is tempting to think that the location of a holiday home determines everything. Equally, it is tempting to assume that an old will from the country of origin will automatically settle the Spanish estate. Neither assumption is safe.
The applicable succession law can affect who inherits, what rights a surviving spouse has, whether there are protected heirs, and the documents required to complete a Spanish inheritance. The administration of an estate may also involve Spanish tax filings, a notarial deed and Land Registry formalities.
Where a named beneficiary is missing, unwilling to cooperate or cannot be identified with certainty, the matter may not be capable of a quick, unilateral solution. Early specialist advice can identify the real options before unnecessary cost is incurred.
✅ A practical checklist for foreign residents and property owners
1. Make a will — do not leave it to chance
If you own property in Spain or live here permanently, obtain advice on whether you should make a Spanish will or review your existing will. A Spanish will can be coordinated with, rather than necessarily replace, arrangements in another country.
2. Address the law governing your succession
For many foreign nationals, an express and carefully drafted choice of the law of their nationality can be an important planning tool. It should never be copied from a template without advice: the appropriate approach depends on nationality, habitual residence, family circumstances, assets and the intended beneficiaries.
3. Review your will after a major life event
💍 Marriage or divorce
👶 Birth or adoption of a child
🏠 Purchase or sale of Spanish property
✈️ A permanent move to or from Spain
💼 A significant change in assets, business interests or beneficiaries
A will that was suitable ten or twenty years ago may no longer reflect the person’s wishes or present legal connections.
4. Keep a clear document file
Your family should be able to locate the original will and key documents, including title deeds, passport details, NIE details, marriage or divorce certificates, and evidence of habitual residence. Documents issued abroad may later need an apostille or legalisation and, in some cases, a sworn translation.
5. Obtain advice before a crisis
The best time to plan is when the person making the will can give clear instructions. Once a death has occurred, the work becomes focused on interpreting documents, establishing facts and resolving problems that might have been avoided.
⚠️ The cost of delay
A poorly coordinated succession plan can lead to delay, uncertainty, additional document costs and, potentially, disagreements among relatives or beneficiaries. It may also require careful consideration of foreign law and its proof in a Spanish transaction.
A modest investment in succession planning while matters are straightforward can protect a spouse, children and other intended beneficiaries from a far more expensive and stressful process later.
✨ Final thought
For foreigners with a connection to Spain, a will is not merely a formality. It is an essential part of protecting family, property and peace of mind.
If you own Spanish assets, live in Spain, or have family connections in more than one country, take advice on your succession planning now — and review it whenever life changes.
This article provides general information only. Succession outcomes depend on the individual facts, the applicable law, the wording and date of relevant documents, and the location of assets. Independent legal advice should be obtained before making or changing a will, or taking steps in an estate.
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We hope you find this information useful. Remember that this is not intended to be specific legal advice, just a general overview. As independent lawyers, we can help you both by assisting you with all civil and criminal cases, as well as carrying out a comprehensive background legal analysis on your consultation or problem, if required.
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We look forward to helping you and to the benefit of our “know-how”.
Kindest regards
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor. BZN LEX INTERNATIONAL LAWYER
