Legal Advice on Wills and Succession

If you own a property in Spain it is advisable but not essential that you make a Spanish Will. If you do not and instead rely on your English Will or the laws of intestacy (if there is no Will) then you will find there will be increased bureaucracy and administration costs in dealing with the Estate as the relevant documents will need to be translated and notarised.

Making a Spanish Will is a reasonably straight-forward matter. It can be made out for your Spanish assets only. The most popular way is for the Will to be executed before a Spanish Notary. It may however be advisable to employ the services of a lawyer beforehand in order for him to prepare a draft of the Will in accordance with your instructions. In Geslegal we have cheap fees for preparing a Spanish will.

The Will in most cases is a reasonably simple document reciting those members of your family and friends who you wish to see benefit from your estate. It is not normal procedure as in an English Will to appoint Executors as the Spanish authorities consider it to be the responsibility of the beneficiaries of the Will to deal with the Estates administration.

Spaniards are subjected to laws governing compulsory heirs. They have to leave one third to be divided equally among their children, another third is to be left to their children in any division, the last third can be divided as seen fit.

A Notary however is willing (Article 9 of Spanish Civil Code) to register a foreigner's will in accordance with the law of his nationality. However some national laws, England for example, state clearly that foreign (Spanish) assets should be disposed under the law of where the assets are located. In practice this is not a problem and foreign residents can dispose of their assets as they see fit. If you believe your Will might be challenged by your children seek further legal advise and consider transferring the titles before your death.

If you have assets in more than one country, consider having wills in each country to avoid complicated translations, certifications and procedures for your family after your death.

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