A Spanish will: why foreign owners are advised to make one
A Spanish will covering only the Spanish assets does not revoke a will made in another country, and it typically shortens the succession process by several months because no foreign document has to be translated, apostilled and interpreted by a Spanish notary.
gelisted editorial team · Updated 15 August 2026
The short version
- A Spanish will costs roughly 60 € to 120 € at a notary.
- It is registered centrally and located in minutes after death.
- EU rules allow a national of another country to choose their national law.
- It should expressly state that it affects only the Spanish estate.
It is one of the cheapest documents a foreign owner will ever sign and the one that saves their family the most time at the worst possible moment.
What it does
It disposes of the assets located in Spain and nothing else, provided it says so expressly. It is signed before a Spanish notary, who registers its existence in the central register of last wills. After a death, that register is searched and the will is located within days. Without one, the family must produce the foreign will with an apostille and a sworn translation, and have it interpreted under Spanish procedure.
| Step | With | Without |
|---|---|---|
| Locating the will | days, central register | weeks, foreign process |
| Translation and apostille | not needed | 3 to 8 weeks |
| Legal interpretation | straightforward | opinion often required |
| Typical total delay | shorter by 2 to 6 months | |
| Notary cost of the will | 60 to 120 € | |
| Inheritance tax deadline | 6 months from death | same |
| Extension request | within 5 months | same |
Choosing your national law
Under the EU succession regulation, the law that governs a succession is by default that of the country of habitual residence at death, but a person may choose the law of their nationality instead. That choice must be expressed, and a Spanish will is a convenient place to express it. For owners from jurisdictions with full testamentary freedom, this is the mechanism that avoids Spanish forced heirship rules applying to their estate.
Keeping the two wills consistent
The risk of having 2 wills is that one revokes the other. The Spanish will must state that it deals only with assets in Spain and does not revoke dispositions made elsewhere, and the foreign will should be reviewed at the same time so it does not purport to cover the Spanish property. Reviewing them together costs an hour of advice and prevents a contradiction that could take years to resolve.
Both documents should be revisited after a marriage, a divorce, a birth or the purchase or sale of a property.
How it is done
An appointment with a Spanish notary, with passport and NIE, and the text prepared in advance by a lawyer. The notary reads it, and if you do not speak Spanish an interpreter or a bilingual version is used. The signing takes 20 to 30 minutes. The notary keeps the original and gives you a copy, and the existence of the will is registered the same day.
Frequently asked
+Does a Spanish will replace my home will?
No. It covers only the Spanish assets, provided it says so expressly, and runs alongside the other.
+What does it cost?
Roughly 60 € to 120 € at a notary, plus any legal fee for drafting.
+Can I choose which law applies?
Yes. EU rules let you choose the law of your nationality instead of that of your country of residence.
+How much time does it save?
Typically 2 to 6 months, by removing translation, apostille and interpretation of a foreign document.
+What if the two wills contradict each other?
That is the main risk, which is why both should be reviewed together when the Spanish one is made.
Sources
- 1Consejo General del Notariado, Notariado (August 2026)
- 2Boletín Oficial del Estado, BOE (August 2026)