Why Make a Spanish Will
If you own property in Spain, a Spanish will dealing specifically with your Spanish assets sits alongside your will at home and can significantly speed up and simplify probate for your family — avoiding the delay and cost of having a foreign will recognised and translated before Spanish assets can be dealt with.
Choice of Law for Foreign Owners
EU succession rules generally allow foreign nationals owning property in Spain to choose to have the law of their home country apply to their Spanish estate instead of Spanish succession law, if they state this clearly in their will. Whether this is the right choice depends on your nationality, family situation and where your other assets are — we talk this through with you rather than applying a one-size-fits-all template.
What Happens When Someone Passes Away
- We help the family obtain the Spanish death certificate and, where needed, a certificate of last wishes (certificado de últimas voluntades)
- We identify which will applies and confirm the heirs according to that law
- We prepare and sign the inheritance deed (escritura de aceptación de herencia) before a notary
- We handle the relevant inheritance tax filing before the estate can be registered
- We register the property in the heirs' names at the Land Registry
Inheritance Tax Considerations
Inheritance tax in Spain is managed regionally, and Andalucía's rules apply to property located here regardless of where the heirs live. Rates and allowances change and depend on the relationship between the deceased and the heir, so we assess your family's specific situation rather than quoting generic figures.
Planning Ahead vs. Handling an Estate Now
We work with clients at both stages — those who want a Spanish will in place before anything happens, and families who are already dealing with a loved one's estate and need it handled properly and without unnecessary delay.