How Expats Can Set Up a Spanish Will That Also Covers Foreign Assets

Why a Standard Will Won’t Cut It for Expats in Spain

Expats who assume their home-country will is enough often make a serious legal misstep. Spain automatically applies its own inheritance rules to foreign residents unless stated otherwise. These rules — called “forced heirship” — restrict how you can divide your estate. You may not be able to leave your property to a partner, friend, or even one child over another unless you actively override Spanish law using legal mechanisms available through the EU Succession Regulation.

Using the EU Succession Regulation (Brussels IV)

The EU regulation lets you elect the inheritance law of your nationality instead of Spanish law. This must be done explicitly in your Spanish will. If you’re British, for example, you can state that UK law governs your estate — which gives you freedom to divide assets as you wish. Without this clause, Spanish law may automatically distribute assets against your wishes.

Real Example: UK Couple in Spain Loses Control of Estate

Consider a British couple who retired in Alicante. The husband passed away suddenly, and his UK-drafted will made no mention of electing British law. Under Spanish rules, two-thirds of his estate defaulted to the children — bypassing his spouse, who was meant to inherit the home. She faced years of legal battles to regain partial ownership. A simple declaration in the will could have prevented this.

Do I Need Separate Wills for Spain and My Home Country?

Yes — and this is crucial. Your Spanish will should only deal with Spanish assets (property, bank accounts, etc.). Your home-country will should govern all non-Spanish assets. Importantly, the two must not revoke or contradict each other. A qualified estate lawyer can ensure both wills are clearly limited by jurisdiction and avoid overlap.

What Happens If You Don’t Have a Spanish Will?

Without a Spanish will, your heirs will face delays, higher costs, and confusion. Probate processes take longer, taxes may be applied less favourably, and forced heirship rules kick in. For unmarried couples, this can be disastrous — with the surviving partner potentially receiving nothing under Spanish law if not explicitly named.

Choosing the Right Format: Testamento Abierto

The most common and efficient type of will is the testamento abierto. It is created in front of a Spanish notary, immediately valid, and logged in the Central Registry of Wills in Madrid. Upon death, this registry can be accessed by heirs or lawyers to expedite the probate process. Other formats exist (closed and holographic wills), but are more prone to delays and legal disputes.

Inheritance Tax in Spain: Regional Differences Matter

Spain’s inheritance tax isn’t national — it’s regional. Each of the 17 autonomous communities sets its own allowances, deductions, and tax rates, which significantly impacts how much heirs will pay depending on where the deceased lived or where the assets are located.

Here is an overview of inheritance tax treatment by region (as of 2025):

• Andalusia: 99% deduction for spouses, descendants, and ascendants. Minimal tax due for close family members.
• Aragon: High tax rates and limited exemptions. Only €15,000 exemption for children under 21. No major reductions.
• Asturias: One of the strictest regions. Very low exemptions and high rates. Children over 21 get only €4,000 exemption.
• Balearic Islands: 99% reduction for close relatives, but capped at certain asset thresholds. Progressive rates apply above that.
• Basque Country: Own tax rules. Generally generous for Group I and II heirs (children and spouses), especially in Bizkaia.
• Canary Islands: Up to 99.9% reduction for close family. Generous for spouses and descendants. Also some relief for Group III heirs (siblings, in-laws).
• Cantabria: 100% exemption up to €100,000 for children and spouses. Progressive rates beyond that.
• Castile and Leon: 99% reduction for spouses and direct descendants. Applies even on high-value estates.
• Castilla-La Mancha: Limited exemptions. Only €8,000 for children over 21. No additional discounts.
• Catalonia: Progressive tax rates. Deductions for close family, but not as generous as other regions. No reductions for distant heirs.
• Extremadura: Limited exemptions. Around €16,000 allowance for children. Little in the way of reductions.
• Galicia: €1 million personal allowance for close family members. 99% reduction also applies in many cases.
• La Rioja: Up to 99% reductions for spouses and children. Straightforward process with few limitations.
• Madrid: 99% exemption for Group I and II heirs (spouses, children, parents). One of the most favorable regimes.
• Murcia: 99% reduction for spouses and direct descendants. Consistent with national best practices.
• Navarra: Own tax code. Generally less generous than Basque Country. Progressive and complex structure.
• Valencian Community: More restrictive. €100,000 exemption for children under 21; only €8,000 for those over 21. High rates apply to distant relatives.

Including Foreign Assets in Your Spanish Will

While your Spanish will should usually only cover Spanish assets, some expats do include foreign assets — particularly if they own in the EU or in countries with close legal cooperation. This must be handled carefully. Always consult a cross-border inheritance specialist to ensure these inclusions won’t clash with tax or probate rules elsewhere.

What If My Heirs Live Abroad?

If your heirs reside outside of Spain, they may face delays in receiving their inheritance — particularly if they need to present documents from their home country. This is especially true if documents must be apostilled or translated. Your lawyer can help pre-certify documents or include clauses to simplify inheritance procedures.

Tips to Make the Inheritance Process Smoother

• Keep your will updated — especially after buying or selling property or divorcing
• Notify heirs of the will and where it is stored
• Include bank account access information in a sealed letter
• Make sure foreign heirs are aware of their Spanish tax obligations

How to Start the Process

Book an appointment with a Spanish notary or international inheritance lawyer. They’ll review your assets, your nationality’s inheritance law, and help you draft a bilingual will. Costs range from €250–€500 for a basic will — more if your case is complex or involves foreign property and multiple heirs.

Conclusion: Peace of Mind Across Borders

Creating a legally valid Spanish will as an expat doesn’t just protect your property — it protects your family from years of financial stress, legal confusion, and unintended tax burdens. With the right planning and professional support, you can control what happens to your estate, no matter where your assets — or your heirs — live.

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