Should I grant a Spanish Will?

From the 17th August 2015, Spanish residents who are nationals of another European country must state clearly on their will if they wish their own country’s inheritance laws to apply. If you have no will at all, then Spanish law automatically applies. 

According to Spanish law the Estate of the deceased must be distributed into three equal portions:

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.