While your existing will from your home country may be valid in Spain, we strongly recommend having a separate Spanish will specifically for your Spanish assets. This significantly simplifies the inheritance process, reduces administrative delays, and prevents potential conflicts between different legal systems. A Spanish will ensures your wishes are clearly expressed under Spanish law and eliminates the need for translations and additional legal procedures.

Without a Spanish will, your heirs may face numerous complications: lengthy probate proceedings, increased legal costs, translation requirements for foreign documents, potential conflicts between legal systems, and application of Spanish forced heirship rules that may override your intentions. The inheritance process could take years rather than months and involve substantially higher expenses.

Yes. Under EU Regulation 650/2012, non-resident foreign nationals can choose either Spanish law or the law of their nationality to govern their inheritance. This choice must be expressly stated in your will. Without such a declaration, Spanish law will automatically apply to your Spanish property and assets if Spain is your habitual residence.

Spanish succession law includes “legítima” (forced heirship), which reserves a significant portion of your estate for specific relatives, particularly children. Under these rules, generally two-thirds of your estate must pass to your children, with only one-third available for free disposition. This differs significantly from common law systems that allow complete testamentary freedom.

Inheritance tax (Impuesto sobre Sucesiones y Donaciones) varies by autonomous community in Spain. Non-residents previously faced national rates without regional tax benefits, but recent changes now allow non-EU residents to benefit from the same regional tax allowances as residents. Tax rates typically range from 7.65% to 34%, depending on the inheritance amount and the relationship between the deceased and the beneficiary.

Your Spanish will must be drafted in Spanish to be legally valid. However, as a non-resident, you have two options: a bilingual will (Spanish and English) prepared by a specialized lawyer, or a will drafted before a Spanish notary with an official translator present. We recommend the bilingual approach for clarity and to ensure your intentions are accurately reflected.

To create a valid Spanish will, you must:

1. Consult with a specialized lawyer familiar with international inheritance issues
2. Draft the will in Spanish (or bilingually)
3. Execute the will before a Spanish notary public
4. Register the will with the Spanish Central Wills Registry (Registro Central de Últimas Voluntades)

This “open will” (testamento abierto) format is the most secure and recommended option for non-residents.

While legally possible, we generally advise against including non-Spanish assets in your Spanish will to avoid potential conflicts between different jurisdictions. The optimal approach is to have separate wills for assets in different countries, each expressly stating that it only covers assets in that specific country.

We recommend reviewing your Spanish will after any significant life change (marriage, divorce, birth of children, substantial property acquisition) and at least every 3-5 years. Spanish inheritance laws and tax regulations change periodically, and your will may need updating to reflect these changes and optimize tax planning.

The implications depend on how the property is owned. Under Spanish law, property can be held as:

• Pro indiviso (tenants in common): Each owner has a separate share that forms part of their estate
• Joint ownership with survivorship rights: Must be specifically established and documented

Unlike some common law countries, Spain does not automatically recognize joint tenancy with right of survivorship, making a proper Spanish will especially important.