Should I grant a Spanish Will?
European Regulation and Spanish Inheritance Law
Since 17 August 2015, under the EU Succession Regulation (Regulation 650/2012, known as Brussels IV), foreign residents in Spain who are nationals of another EU country must state clearly in their Spanish will if they wish the inheritance law of their nationality to apply. If you do not make such a declaration, or if you die without a will, Spanish inheritance law will automatically apply.
According to Spanish inheritance law, the estate of the deceased is divided into three equal portions:
One-third reserved (legítima estricta): This must pass equally to the children.
One-third for improvement (mejora): This can be distributed among the children as the testator wishes, allowing more to one child if desired.
One-third free disposal (tercio de libre disposición): This may be left to anyone, whether or not they are heirs.
This system is designed to protect the rights of children and close relatives. It is essential to take this into account when planning your will in Spain to avoid unintended consequences.
One third equally between any surviving children.
The second one-third for surviving children
but the deceased can distribute equally or unequally according to instructions in a will. The surviving spouse retains a life interest (usufruct) in this part of the estate and the children do not inherit until the spouse dies.
The deceased may dispose of the final one-third freely in a will.
We highly recommend you to grant a Spanish Will that clearly states that your national law is applicable to the inheritance.
Having a Spanish will simplifies the inheritance process for the beneficiaries. As the documentation is already assembled, the procedure will be less complex and therefore, much faster.
What does our service include?
We will draw up the will according to your wishes and to your national law, but also fulfilling the requirements of the Spanish law regarding Wills.
The Will must be signed before a Spanish notary. The original will be kept at the notary's office, a copy is send to the Last Will Register of the Ministry of Justice.
Types of Spanish Will
There are several different types of Wills in Spain. The three listed below are the most common:
- Holographic will: a handwritten Spanish Will authenticated by two witnesses and verified by a judge.
- Open will: a Spanish Will made before two witnesses and given to a notary who registers it.
- Closed will: a Spanish Will made in secret and sealed in an envelope, then given to a notary for registration.