Wills and Probate Spain

It’s important to make a will in Spain as if this is not the case the way your belongings and finances are distributed can be taken out of your hands. Here at Manzanares Lawyers, we have over 20 years of experience in dealing with wills and probate, and our expertise in the field has helped many people to navigate the complications of inheritance law.

Why is it important to make a Spanish Will?

If you are an asset owner (ranging from a bank account to a property) in Spain, then it is vital to you make a Spanish will. This ensures a safe future for your money or property after your death and allows it to be distributed in accordance to your wishes.

There are a few key differences between Spanish inheritance law and those of other countries – view our page dedicated to inheritance law to find out more. If you are not a Spanish national, then you can choose to apply the laws of your home country to your will. However, if you are living in Spain on a permanent basis then you need to specify in your will that you would like your native country’s laws to apply to your Spanish estate otherwise it will be regulated by Spanish law.

How expensive is a Spanish will?

Legalising your UK will in Spain is an expensive process and can be complicated in comparison to making a Spanish will from scratch. If you do not have a Spanish will already, and die with just a UK will in place, then processes and fees can add up. We recommend that the best action here is to create 2 separate wills to avoid any complications, or else Inheritors would have to do the following:

  • Legalise your UK will by obtaining a certified copy of the UK Grant of Probate with an international stamp from the Foreign Office.
  • Translate the UK will into Spanish with the help of an official translator.
  • Using a Spanish lawyer to prepare the list of your Spanish assets to execute the will and paying any resulting inheritance tax.
  • Using a Spanish notary to finalise and execute the will.

What kind of Spanish wills are there?

In Spain, there are 3 kinds of will that apply, these are:

  • Open Will – This is the most common kind of Spanish will and is signed in the presence of a notary. The notary will then read out the will and confirms your identity and makes sure that you understand the document in full, as well as witnessing the will being signed for.
  • Closed Will – This is when only the person who is granting the will knows its contents. They sign and write their will and include it in an envelope, before providing this to the notary.
  • Holographic Will – This is the least common type of will, these are handwritten – it is not valid if it is typed on a computer. They are not signed in front of a Notary but do need to be authenticated by a judge it court.

Probate in Spain

We understand that the probate process can be especially difficult for all family and friends involved, and with a potential language barrier an added issue, this process can get very complicated very quickly. That’s why our multilingual team here at Manzanares Lawyers are an ideal advocate that will always deal with processes such as this delicately and quickly to avoid any unnecessary hold ups.

Here at Manzanares Lawyers, we highly recommend making a will in Spain. Although it is not compulsory it will give you peace of mind, to know your assets are in safe hands after death and that your wishes will be carried out.

If you have any further questions about making a Spanish will, or the probate process, then feel free to get in touch with our team. Our online form is the easiest way to contact us. Or, alternatively, you can also contact our offices in Marbella and Alhaurin by calling us on +34 952 82 41 12 and +34 952 59 50 42 respectively.

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