For those with a house here and family in another country
A Spanish will for foreign owners
Your will at home may not divide your house here
A European regulation lets you choose the law of your nationality to govern your estate. If you write that nowhere, the law that applies is, by default, that of the country of your habitual residence — and it does not always divide things the way you imagine.
What you get
- A search of the Register of Last Wills: if a Spanish will already exists, it shows up here.
- A study of what the will you already have at home actually produces in Spain.
- The draft of the Spanish will, with an express choice of your national law if it suits you.
- A bilingual version, so you sign because you read it, not because you trusted it.
- The appointment at a local notary, and an interpreter if the notary requires one.
Why this matters now
The European succession regulation allows you to choose the law of your State of nationality to govern the whole estate. Without that choice in writing, the law of the deceased's habitual residence applies by default. For a British, Dutch or German owner with a house in the Vega Baja, the gap between the two laws can decide who inherits, in what share and under what tax — and it is discovered far too late.
What this service is NOT
We are not a notary or a law firm, and this is not legal advice. We prepare the file and the draft; the will is authorised by a notary, who charges their own fee separately. When the family situation is complex — children from different unions, companies, assets in three countries — what you need is a succession lawyer, and we will tell you so instead of selling you a draft.
Questions about this service
Do I need a Spanish will if I already have one at home?
It is not compulsory. But a foreign will has to be translated, apostilled and proven to be in force, and that adds months and cost to a process that is already hard. A Spanish will that only covers the assets here and respects the one at home is usually the cheapest answer.
Does choosing my national law save me tax?
Not necessarily, and we do not sell it that way. The chosen law decides WHO inherits and in what share. Inheritance tax is decided by where the asset is and who receives it, which is a different question. Confusing the two is the most expensive mistake made here.
Can I sign it without travelling?
The will is signed before a notary, in person. Everything else can be done remotely: the file, the draft, the translation and the appointment, so that one trip is enough.
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This page was last checked on 4 September 2026
Responsible for this content Sullivan Benedetto · Torrevieja (Alicante), España
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