Do you have a Will in Spain and is it up-to-date?

If you own property or assets in Spain, from real estate to bank accounts, a properly drafted and current Spanish Will is absolutely essential. Failing to update your Will in Spain can subject your beneficiaries to costly delays and, critically, the restrictive rules of Spanish forced heirship.

A clear, current Will ensures your legacy is protected and your loved ones are spared unnecessary legal stress.

1. Exercise Your Right: How to Avoid Spanish Forced Heirship

The most crucial reason for securing an up-to-date Spanish Will is to protect your right to choose who inherits your estate.

The Issue: Forced Heirship Rules

Under standard Spanish Civil Law, rules of forced heirship (derecho forzoso) often dictate that two-thirds of your estate must pass to designated family members (usually children, or parents if there are no children). This can completely override your personal wishes and the terms of your home country Will.

The Solution: The Brussels IV Clause

The 2015 EU Regulation (known as Brussels IV) provides the definitive solution. This ruling allows foreign nationals to include a specific clause in their Spanish Will to elect the law of their nationality (e.g., English, Scottish, Irish law) to govern the distribution of their Spanish assets. This simple step is vital, as it allows you to maintain full testamentary freedom and ensure your estate is distributed exactly as you intend.

Crucial Warning: If your Will in Spain does not contain this specific, updated legal clause, you risk the application of the restrictive Spanish forced heirship rules, regardless of the law in your home country.

2. The Smart Way: Save Your Heirs Time and Money

Dying without a Spanish Will (intestate) initiates a lengthy, complicated, and costly bureaucratic inheritance process known as the declaration of heirs.

Delayed Access to Assets

Without a valid Spanish Will, bank accounts are immediately frozen and properties cannot be sold or transferred until the lengthy inheritance proceedings are complete. This legal delay can span many months, often over a year, leaving your family unable to access funds or finalize the sale of your assets in Spain.

Costly and Complex Documentation

Your heirs will be required to obtain a large volume of foreign legal documents (death certificates, Grants of Probate, etc.) which must then be officially translated by a Sworn Translator (Traducción Jurada) and legally apostilled/notarized before being accepted in Spain. An existing Spanish Will avoids this expensive and time-consuming paperwork.

Potential Tax Penalties

The legal delays caused by a lack of a Will can impact the mandatory Spanish Inheritance Tax declaration. The deadline for this tax is six months from the date of death. Significant delays risk accruing penalties or surcharges (recargos) from the Spanish Tax Authorities.

3. The Vital Need to Keep Your Spanish Will Up-to-Date

Life changes constantly, and your Will must reflect that reality. An outdated document can be just as problematic as having no Will at all.

Changes in Life: Have you married, divorced, or changed your mind about a specific beneficiary or executor? Ensure the people you name in your Will are still the people you intend to inherit.

Legal Updates & Tax Planning: Laws, especially those concerning Inheritance Tax (which varies significantly between Spanish Autonomous Communities), change frequently. We recommend reviewing your Spanish Will every few years to ensure your estate planning remains as tax-efficient as possible.

Secure Your Future: Professional Will Services from Spanish Solutions

At Spanish Solutions, we make the process of securing your assets in Spain simple, stress-free, and legally sound.

We handle the entire Will drafting, Notary and registration process for you:

• Drafting: We draft your Will using the correct legal terminology, including the vital Brussels IV clause to elect your national law. We provide the document in Spanish and English.
• Notarisation: We arrange and accompany you to the Notary appointment and act as your translator for you to sign the Will in front of a Notary Public (Notario), ensuring all legal formalities are met.
• Registration: Once signed, the Will is officially registered with the General Registry of Last Wills in Madrid (Registro General de Actos de Última Voluntad). This guarantees that the existence and location of the Will are known and easily verifiable after your death.

Don’t wait until it’s too late. Contact Spanish Solutions today to draft or update your Spanish Will and secure your legacy. We have offices in La Zenia and Cabo Roig if you’d like to visit us in person, or send us an email via enquiries@spanishsolutions.net or give us a call 0034 966 761 741