Inheritance and probate rules in Spain differ significantly from those in England. As a result, if you pass away without a Spanish Will in place, the administration of your estate can become more complex, time-consuming, and costly. If you own property or other assets in Spain, we strongly recommend making a Spanish Will to sit alongside your English Will.
If you die without having made a Will, either in England or in Spain, your estate will be dealt with under the rules of intestacy. This means your beneficiaries must determine which country’s law applies to your succession and how your estate will be distributed. Important to note, the rules of intestacy in Spain are very different from those in England, which can lead to unexpected outcomes.
Spanish law does recognise Wills that have been lawfully made in other jurisdictions. Therefore, if you have an English Will that covers your worldwide assets, your Spanish property will be included. This often leads people to ask: why do I need a Spanish Will? The key reasons are set out below:
Minimising Confusion and Error
By making a Spanish Will, you can be confident that your wishes will be carried out smoothly and without confusion. A Spanish Will is signed before a Notary Public – either in Spain or in your country of residence – and is recorded on the Register of Last Wills at the Ministry of Justice in Madrid. This ensures the Will cannot be lost or destroyed and can always be located when needed.
Reducing the Administrative Burden for Beneficiaries
If you rely solely on a Will made in another jurisdiction, the beneficiary responsible for administering your Spanish estate must navigate complex cross-border legal issues or appoint a suitably qualified professional to assist them. This can significantly delay the probate process and increase costs. A Spanish Will simplifies the administration and makes the process far more efficient for your loved ones.
Ensuring English Law Applies to your Estate
A Spanish Will can be drafted to comply with the European Succession Regulation (EU Regulation 650/2012), commonly known as Brussels IV, which came into force in August 2015. Under this regulation, if a person dies without a Will – or if the Will does not clearly state which law should govern their succession – the applicable law will be that of their country of habitual residence, rather than their nationality.
The regulation does allow individuals to choose the law of their country of nationality to govern their estate, regardless of where they live. However, this choice must be clearly stated in a Will.
If you wish to ensure that English law applies to the succession of your Spanish assets in all circumstances, we strongly recommend making a Spanish Will. This allows you to avoid the application of Spain’s forced heirship rules and ensures your estate is distributed in accordance with English law.
It is also important to note that an English Will can revoke a Spanish Will, either expressly or by implication. Unlike English law, Spanish law does not recognise codicils, and a later valid Will can revoke a previous one. Specialist advice is therefore essential to ensure both Wills work together as intended.
At Nockolds Lawyers Spain, we specialise in both Spanish and English probate. We can assist with the preparation of both Wills and provide tailored legal advice to help you plan for the future, protect your assets, and give you peace of mind. Contact us today on (+34) 951 552 254 or complete an online enquiry form, and a member of the team will be in touch.