How to make a will in Spain as a foreign resident

Do you actually need a Spanish will?

Short answer: yes, it’s highly recommended.

Even if you already have a will in your home country, a Spanish will makes life significantly easier for anything you own in Spain.

Without one:

• Your estate can still be handled
• But the process is slower, more complex, and often more expensive

With one:

• The process is quicker
• Spanish authorities can deal with things locally
• There’s far less confusion for everyone involved

Most foreign residents in Spain choose to have two wills:

• One in their home country
• One in Spain (covering Spanish assets only)

What does a Spanish will cover?

A Spanish will usually deals with:

• Property in Spain
• Spanish bank accounts
• Vehicles registered in Spain
• Personal possessions located in Spain

It should be carefully worded so it only applies to your Spanish assets and does not accidentally override your will in another country.

This is where proper legal advice is worth having.

The key difference: Spanish inheritance law

Spain has something called forced heirship rules.

In simple terms, this means:

• A portion of your estate must legally go to certain relatives (usually children)

This can come as a surprise if you’re used to full freedom over who inherits what.

However, as a foreign resident, you can usually choose to apply the inheritance law of your home country instead.

This must be clearly stated in your will.

If it isn’t, Spanish law may be applied by default.

The process of making a will in Spain

The good news is that it’s refreshingly straightforward.

1. Visit a notary (notario)

In Spain, wills are signed in front of a notary.

You don’t need a courtroom, a dramatic reading, or a room full of relatives glaring at each other.

Just a notary.

2. Prepare your details

You’ll typically need:

• Passport
• NIE number
• Details of your assets
• Names of beneficiaries

If you don’t speak Spanish, you can:

• Bring a translator
• Or use a lawyer who prepares everything in advance

3. Draft the will

This can be:

• Done by a lawyer (recommended)
• Or prepared directly with the notary

The key thing is clarity, especially if you want your home country’s law to apply.

4. Sign and register

Once signed:

• The will is officially registered
• The original stays with the notary
• You receive a copy

It’s then logged in the Central Registry of Wills in Spain.

How much does it cost?

One of the more pleasant surprises.

A straightforward Spanish will typically costs:

• €40 to €80 at the notary

If you use a lawyer to prepare it:

• €100 to €300+ depending on complexity

Compared to the potential complications of not having one, it’s a bargain.

Can you change your will later?

Yes, and it’s very easy.

In Spain:

• Your latest will automatically replaces previous ones
• You don’t need to formally cancel the old one

So if your situation changes, you can simply create a new will.

What happens if you don’t make a will?

If you die without a will in Spain:

• Spanish intestacy law applies
• Your estate is distributed according to strict legal rules
• The process becomes longer and more complicated

This is especially tricky for foreign residents with assets in multiple countries.

It can also create delays for anyone trying to sort things out on your behalf.

Where should you keep it?

You don’t need to hide it in a dramatic envelope marked “To be opened in the event of…”

The official version is already stored securely by the notary.

What you should do:

• Tell someone you trust that you have a will
• Let them know which notary handled it
• Keep a copy with your important documents

How this fits into the bigger picture

Making a will is just one part of getting your affairs in order in Spain.

It works alongside:

• Funeral planning or insurance
• Clear contact information
• Understanding how inheritance works locally

If you’ve read our guide on what happens when someone dies in Spain, you’ll know how much smoother things are when paperwork is already in place.

The bottom line

Making a will in Spain is:

• Quick
• Affordable
• Surprisingly straightforward

And it can save a significant amount of time, stress, and confusion later on.

Final thought

It’s not the most exciting way to spend an hour in Spain.

But it is one of the most useful.

And once it’s done, you can go back to doing far more enjoyable things, safe in the knowledge that everything is neatly sorted, should it ever be needed.