Wills in Spain as a foreigner: what you should know if you own property here
If you own a house in Spain but live in another country, it's natural to wonder what will happen to it in the future. Is a will from your home country enough, or do you need a Spanish one? Here's the essential information, without jargon.
The short answer
You are not legally required to make a Spanish will simply because you own property in Spain. A foreign will may be valid for assets you own here. However, a Spanish will can greatly simplify the process for your heirs.
What law governs your inheritance
In the European Union, inheritance is governed by Regulation (EU) 650/2012, which applies to deaths occurring from 17 August 2015 onwards. Its key ideas are twofold:
General rule: the law of the country where you had your habitual residence at the time of your death applies.
Exception that you decide: you can choose in your will that the law of your nationality applies.
For example, a British citizen living in Alicante would, by default, be subject to Spanish law. If they prefer, they can specify in their will that the law of their country should apply. And if you reside outside of Spain, the law of the country where you live will apply by default, even if the property is located here.
Foreign or Spanish will?
A foreign will can be valid in Spain if it meets the formal requirements of the law of the country where it was made. However, your heirs will have to present it translated and legalized, which can lengthen the process.
A Spanish will , granted before a notary and written in Spanish, facilitates the management of assets located in Spain and avoids a large part of those procedures.
Many people with assets in two countries choose to have a will in each. If this is your case, it's advisable to check that they don't contradict or revoke each other, and it's best to do so with the help of a professional.
What is required in Spain to process an inheritance
The death certificate.
The certificate from the General Registry of Last Wills and Testaments, which verifies the most recent will. In inheritances from foreigners, a certificate from the registry of their country of nationality is sometimes also required.
The will, translated and legalized if it is a foreigner.
Property documents, such as the property deed.
Inheritance taxes
Heirs may be required to file Inheritance and Gift Tax returns for assets located in Spain. The rules and tax breaks depend on the autonomous community where the property is located, so it's advisable to check beforehand. If the property is later sold, the municipal capital gains tax and capital gains tax must also be taken into account and declared on Form 210.
How to make a will in Spain
The most common form is the open will before a notary.
Bring your passport or NIE, a list of your belongings and the details of the people you want to leave them to.
If you do not speak Spanish, the notary may ask that you be accompanied by an interpreter.
You can change it whenever you want, by assigning a new one.
What's coming in Spanish Property Taxes
We're preparing new services for foreigners who own property in Spain, including those related to wills. Follow us on social media and our blog to be among the first to know.
This article is for informational purposes only and does not constitute personalized legal or tax advice.