With more people living abroad or owning property in different countries, a common question arises: do expats need a Spanish will if they already have one in their home country?
The short answer is no. It is not legally required. However, in practice, having a Spanish will is highly recommended. Here’s why.
Is It Mandatory to Have a Will in Spain?
In Spain, executing a will is not compulsory. An expat can rely solely on a will made in their home country. However, relying only on a foreign will can make the inheritance process more complex, time-consuming, and costly.
The Role of the European Succession Regulation
According to the European Succession Regulation (Regulation (EU) No 650/2012), a person can choose the law of their nationality to govern their succession, rather than the law of their habitual residence.
This is particularly relevant for expats living in Spain, as it allows them to choose the law of their nationality instead of relying on the default rule based on habitual residence.
This choice must be expressly made in a will or other valid disposition upon death.
Benefits of Having a Spanish Will
Some of the benefits of having a Spanish will include:
- Speeding up the inheritance process
- Reducing costs by avoiding translations and legalisations
- Preventing legal conflicts between different jurisdictions
- Simplifying the transfer of Spanish assets, especially property
In summary, having a Spanish will can make things much easier for your heirs.
Who Should Consider a Spanish Will?
Obtaining a Spanish will is particularly advisable if you:
- Own property in Spain
- Hold bank accounts in Spain
- Want to ensure your estate is clearly organised
- How Do You Make a Spanish Will?
A Spanish will is executed before a Spanish notary public, who is responsible for formalising the document in accordance with Spanish law.
For expats, it is strongly recommended that a Spanish lawyer drafts the will to ensure it is properly structured, legally sound, and accurately reflects the client’s wishes. This includes addressing any relevant cross-border considerations and helping to avoid potential issues during the administration of the estate.
Conclusion
While not legally required, having a Spanish will as an expat is a cost-effective step that can save your loved ones significant time, expense, and stress.
If you have assets in Spain, proper estate planning is always a wise decision.