It is recommended that singles, widows, spouses and partners who own something in Spain create a will.
- For foreigners inheritance law is applicable, but tax is calculated according to the Spanish law.
- Without a will, the inheritance settlement takes much longer and is more expensive.
- One should consider creating a will when purchasing property and then everything is ready and one can give children shareholding in the deed.
- We provide consulting and implementation, and we create wills with the assistance of a Spanish lawyer. Wills are issued in two columns with English and Spanish text.
- Will is signed at notary and is stored in a central repository.
Why create a will in Spain?
For foreigners inheritance law is applicable, but tax is calculated according to the Spanish law. Without a will, the inheritance settlement takes much longer and is more expensive.
One should consider creating a will when purchasing property and then everything is ready and one can give children shareholding in the deed.
We provide consulting and implementation, and we create wills with the assistance of a Spanish lawyer. Wills are issued in two columns with English and Spanish text.
Will is signed at notary and is stored in a central repository.
How to create a will in Spain?
Creation of a Spanish will is bound by certain formal requirements.
- A will must be signed in the presence of a notary.
- Notary’s assignment is to control that testator actually is who they say they are, that the will is created by free will and that the testator is at wits.
- Testator must personally meet up for the signing of the will, and there may, for example, not be issued an authorization for the signing of a will on the testator’s behalf.
- If the testator expresses their own wishes in a language that the notary does not understand, the testator, by Spanish law, is subject to appoint a translator/interpreter.
- In a Spanish will, created by a foreign citizen, it is required that the testator’s wishes are expressed in Spanish as well as their native language, e.g. Norwegian (in the same document).
- Notary keeps the original will and sends a notification to the central Spanish will repository in Madrid “Registro Central de Ultima Voluntad”. Testator receives the other original.
- A Spanish will is also be valid in your homeland. It is important that there is not created a homeland will which contradicts the contents in a will created in Spain. Foreign citizens who own permanent property in Spain should therefore refine the Spanish validity to assets left in Spain.
Why create a will in Spain?
- Pursuant to Spanish law, a foreign citizen may dispose of their assets in Spain in a foreign will. Legally, it is therefore not necessary to create a will in Spain.
- However, A Spanish will may make the shift in Spain easier, quicker and economically beneficial. The foreign will must be translated and legalized.
- Pursuant to Spanish law, a foreign citizen may dispose of their assets in Spain in a foreign will. Legally, it is therefore not necessary to create a will in Spain.
- A number of conditions must be documented, such as the validity of the will, the testator’s legal ability to create a will, as well as documents must be translated, certified and legalized. In practice, inheritance settlements of a Spanish will can take a few months, while it can take years if there is only a foreign will. Testator’s bank account will be “frozen” until the shift has occurred and taxes have been paid. This applies regardless of whether they have a foreign or a Spanish will.
