Spanish Wills for Expats

Spanish Wills for Expats is financially prudent by virtue of EU Regulation 650/2012 to avoid the application of Spanish law to their estate.
Article Published: 15 Dec, 2018, Updated: 08 Jan, 2023 under Create Will & Testament

British clients who had just purchased a Spanish property were interested to know if it was necessary or even advisable to draft special Spanish Wills for Expats, now that they had assets in Spain. They did not know if at some time in the future they were likely to become resident in Spain. 

Since the 17th of August 2015, European Regulation 650/2012 is the legislation that governs and determines the law of succession of which country should be applied when considering a cross-border inheritance. 

In Spain, until now, the general legal rule has been that the national law of the person whose estate is to be inherited (ie the deceased), is the law that should be applied. On this basis, the British national, regardless of her place of residence, would have British law applied. 

The new European regulation marks a complete transformation of the rules applied to those persons who pass away from the 17th of August, 2015 because now the law to be applied shall be that of the country in which the deceased was resident at the time of death. 

This is the rule unless it is clear that the deceased maintained closer ties to a different country from that state whose laws would otherwise apply - or, alternatively that the testator has expressly specified in a legal last Will and Testament that the law to be applied is not the law of her residence, but that of her nationality. 

As a result, give that the Spanish law of succession applies a system of ‘forced heirs’ that reduces dramatically the scope of any choice with regard to who should inherit ones assets, and since the clients are British and have free disposition with which to allocate assets upon death, it would be recommended to draft Spanish Wills that include a specification that the law of the testator's nationality should apply, in the event that they should become resident in Spain at some time in the future.

You may be interested in the following service...

Client testimonials

"My attorney was fantastic - a difficult job was made to be straightforward. I would recommend this service to anyone!"

Robert Anslow (Sep, 21 2020)
Client testimonials

"Excellent service, very reasonable, fluent English and totally professional. I would not hesitate to recommend this highly skilled team."

Nigel Bateman (Apr, 09 2018)
Client testimonials

"We were provided with excellent professional service at all times. We are delighted with the service provided. Many thanks!"

Trevor Bridges (Nov, 08 2021)
Client testimonials

"Everything explained very well, friendly yet professional. Excellent value for money. I would definitely recommend Alvaro."

Janet Uglehus (Sep, 02 2022)
Client testimonials

"Álvaro was extremely pleasant and helpful, professional, prompt and efficient. We feel that we have somebody in Álvaro that we can turn to in times of legal difficulty."

David Cockroft (May, 27 2022)
Client testimonials

"Could recommend highly, very impressed! Brilliant service, very professional."

Trish Wallace (Oct, 16 2020)
Client testimonials

Rafael has provided us with excellent service for us as we relocated to Spain. He guided us through the NIE application and subsequent switch to TIEs. He assisted us through the process of our house purchase and also helped us with our wills. We found his help invaluable. His approach was... Read More

Rafael has provided us with excellent service for us as we relocated to Spain. He guided us through the NIE application and subsequent switch to TIEs. He assisted us through the process of our house purchase and also helped us with our wills. We found his help invaluable. His approach was friendly and professional throughout. We would recommend him to anyone looking for English speaking legal services.

David Stevens (Sep, 21 2020)
Client testimonials

"Very satisfied with the service. Would definitely recommend to friends."

Bárbara Ancina (Oct, 23 2019)
Client testimonials

Rosa responded very promptly to our inquiry, grasped our needs immediately, and provided an excellent solution which was delivered seamlessly. Rosa thoroughly explained the intricacies of the local legal system, providing options and considerations. Overall Rosa provided outstanding servi... Read More

Rosa responded very promptly to our inquiry, grasped our needs immediately, and provided an excellent solution which was delivered seamlessly. Rosa thoroughly explained the intricacies of the local legal system, providing options and considerations. Overall Rosa provided outstanding service through a professional and mindful approach to our needs. We really enjoyed our interaction and it is without hesitation that we recommend her to future prospective clients. Thank you Rosa!

Luis Gonzalez Lunden (Sep, 21 2019)
Client testimonials

"Ramon was very helpful and professional. He listened to our requests carefully and we will be using him again if we need anymore legal services."

Claire (Mar, 28 2019)
Client testimonials

Very helpful, especially as English and Spanish law has it's differences and my final document - a testament -  required the services of a notary and the final translation. A pleasure to meet Rafael and to discuss my needs and he made the whole process straightforward with lots of common ... Read More

Very helpful, especially as English and Spanish law has it's differences and my final document - a testament -  required the services of a notary and the final translation. A pleasure to meet Rafael and to discuss my needs and he made the whole process straightforward with lots of common sense solutions. ***** 5 stars and highly recommended.

Colin Johnson (Mar, 15 2019)
Client testimonials

"Francisca is a first-class Professional ' puts u at ease. 100% up to date and reliable.  I would not consider using anyone else."

Gary Moore (Feb, 28 2019)
Client testimonials

"Kept us informed every step of the way, very efficient and very pro active. Absolutely excellent!"

Alison Hamilton (Feb, 12 2019)
Client testimonials

"Juan was fantastic. Very easy to understand and very pleasant. I would definitely use his service again."

Patrick Crean (Jul, 05 2018)
Client testimonials

"Pedro was extremely helpful, he couldn't have done more. We would definitely recommend his services to friends."

Ken & Margaret (May, 24 2018)
Client testimonials

"I found Jaime helpful and responded promptly to my emails. I was very happy with the service provided and if needed would use him in the future"

Barry Gracey (May, 07 2018)
Client testimonials

"Esther was very friendly and approachable. She was professional and answered any questions I asked. We would definitely use her again in the future."

Julia Alcock (Feb, 22 2018)
Client testimonials

"Very satisfied with the service that Oliver provided. Oliver was professional, approachable and his fees were very reasonable. I will definitely use his services again!"

John Crompton (Nov, 25 2017)
Client testimonials

"Esther is informative and extremely helpful and above all very professional. I would definitely use the same lawyer again in the future."

Jackie Stevenson (Jul, 19 2017)
Client testimonials

We couldn't have hoped for better lawyer than Mr Francisco. He is always responsive, always available and approachable, with a remarkable ability to explain and provide legal solution. But more important, he strikes me as a very good and genuine person, honest and very competent. I can say... Read More

We couldn't have hoped for better lawyer than Mr Francisco. He is always responsive, always available and approachable, with a remarkable ability to explain and provide legal solution. But more important, he strikes me as a very good and genuine person, honest and very competent. I can say without a doubt in my mind that Mr Francisco stand well above all these lawyers.

Aziz Oudjida (Jun, 02 2017)
Client testimonials

"Manuel is a consummate professional with a quietly confident manner that is highly reassuring to the layperson unversed in legal matters. I will definitely use Manuel´s services in the future should such need arise. Highly recommended."

Jim Shanks (Mar, 09 2017)
Client testimonials

"More than helpful, very professional, understood our requirements straight away and provided us with our solutions. Very impressed with her work ethics, would definitely use her services again."

June Matthews (Feb, 06 2017)
Client testimonials

"Welcoming manner and kind comments about the fact. Extremely approachable. Highly competent understanding of and patient explanations regarding my many questions. Very fairly priced to do with the making of a Will."

Mrs. J.B. (Jan, 12 2017)

Service Details

Create Will & Testament

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon de la Plana, Cordoba, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas de Gran Canaria, Los Alcazares, Los Cristianos, Madrid, Malaga, Mallorca, Marbella, Maspalomas, Mazarron, Motril, Murcia, Nerja, Orihuela Costa, Oviedo, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez-Malaga, Vigo, Yaiza

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

Who Is This Service For?

For anyone who wishes to control the manner in which their estate is distributed under their own laws rather than the laws of the State where their assets are located.

What Does This Service Consist Of?

  • Obtain the details of the assets comprising the estate and instructions on how the estate should be distributed
  • The Will is drafted in both English and local language to ensure conformity with clients’ intentions
  • The Will is drawn-up in the office of a conveniently located public notary.
  • Attendance at the signing of the Will
  • Handover of an official copy of the Last Will and Testament

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

Why choose Advocate Abroad?

Established more than
10 years ago
Present in 20
European Countries
Over 30,000 client enquiries
successfully managed

Our Lawyers

Send Your Enquiry