Spain · Planning ahead · Information, not legal advice — as at 28 June 2026
Do I need a Spanish will?
Not legally — but if you own property in Spain it is strongly advisable. A Spanish will dealing with your Spanish assets makes the estate far quicker and cheaper for your family to settle, avoids having to translate and re-prove a foreign will before a Spanish notario, and is the natural place to record your Brussels IV election of English (or your own national) law. The one rule is that your Spanish will and your home-country will must be drafted to sit alongside each other and not accidentally revoke one another.
Is a Spanish will legally required?
No. A valid foreign will is recognised in Spain. But recognition is not the same as convenience: a foreign-only will has to be translated by a sworn translator, legalised, and explained to the Spanish notario before anything can move — months of friction at the worst time.
Why make a Spanish will if I already have an English one?
Because it is dealt with directly by the Spanish notario, in Spanish, with no translation or re-proving — typically saving the family time, cost and delay. It also keeps your Spanish affairs tidy and self-contained.
Can a Spanish will include the Brussels IV election?
Yes — and it is the ideal place for it. Under Brussels IV (Regulation 650/2012) a foreign national can elect the law of their nationality to govern their succession; recording that election clearly in the will that deals with your Spanish estate puts the choice beyond doubt. See Can I choose English law? (Brussels IV).
Will my Spanish will cancel my English will?
Only if it is badly drafted. A well-made Spanish will is expressly limited to your Spanish assets and states that it does not revoke your home-country will — and vice versa. Getting that interaction right is exactly what a cross-border lawyer is for.
What kind of Spanish will should I make?
For most people, an open will (testamento abierto) signed before a notario and entered in the central wills register is the straightforward choice. We prepare it and coordinate the signing, in plain English.