Making a Spanish Will — Step by Step

Why bother if you already have a will at home

Your home-country will is valid in Spain, but enforcing it requires apostille, sworn translation, foreign-probate grant, and a Spanish notary's interpretation of foreign succession law — often with conflicting opinions and a frozen property for 8–18 months.

A Spanish will dealing only with your Spanish-situated assets sidesteps all of that. The notary executes it directly, the heirs sign acceptance, the property transfers within 6–10 weeks.

The three types of Spanish will

What to bring to the notary

• ✦Passport and NIE (residence permit / TIE if you have one).
• ✦Marriage certificate if married (and any prior-divorce decrees).
• ✦List of heirs with full names, DOBs, nationalities and addresses.
• ✦Inventory of Spanish assets (property addresses, bank-account IBANs, vehicles).
• ✦Existing wills (home country and any prior Spanish will) — to reference or revoke explicitly.
• ✦Any specific bequests (jewellery, art, charitable gifts).

Essential clauses for foreign retirees

A basic Spanish will template covers the mechanics, but a foreigner's will should include four specific clauses. Ask the notary for each by name — they are standard and they will know them.

• ✦Nationality election (Brussels IV / Reglamento 650/2012): elects the law of England and Wales, Germany, etc. This disapplies Spanish forced heirship.
• ✦Universal heir clause: name your spouse/partner as heredero universal so they inherit everything not specifically bequeathed.
• ✦Cláusula de sustitución vulgar: names backup heirs if primary heirs predecease you.
• ✦Cross-reference to home-country will, confirming this Spanish will only disposes of Spanish assets and does not revoke the foreign will.

Step-by-step process

• ✦Step 1: Contact a notary (any notary — they have national jurisdiction; you don't need a local one). Many have English-speaking staff in coastal towns; ask in advance.
• ✦Step 2: Send your inventory and instructions by email. The notary's clerk drafts the will (3–7 days).
• ✦Step 3: Review the draft before the appointment. Confirm names spelt correctly, the nationality clause is present, and bequests are clear.
• ✦Step 4: Attend the notary appointment (30 min). The notary reads the will aloud, you confirm, all parties sign. Fee €60–€90 payable on the day.
• ✦Step 5: The notary automatically registers the existence of the will with the Registro Central de Últimas Voluntades in Madrid.
• ✦Step 6: Keep the simple copy (copia simple) you receive in a safe place. The original stays in the notary's protocol archive forever — heirs request a certified copy at the time of death.

Updating and revoking

A new Spanish will automatically revokes any prior Spanish will. Major life events to trigger an update: marriage, divorce, new property purchase, birth/death of beneficiary, change of residence (especially if you move regions within Spain — different inheritance tax rules).

Cost of a new will is identical to the first (€60–€90). There is no penalty for revising — many retirees update every 5–10 years as circumstances change.

After death — what your heirs actually do

• ✦Obtain death certificate from the Civil Registry (Registro Civil) — 24–48 h.
• ✦Request the Certificado de Últimas Voluntades from Madrid (€3.86, online, 10 working days after death) — confirms which will is the most recent.
• ✦Notary issues certified copy of the will.
• ✦Heirs sign the escritura de aceptación y adjudicación de herencia (acceptance deed) at the notary.
• ✦File Modelo 650 (inheritance tax) within 6 months of death — Valencia's 99% reduction applied here.
• ✦Property registered in heirs' names at the Land Registry — typical total cost €1,500–€3,000 in notary, tax-filing and registry fees.