Wills in Spain

Spanish wills are inexpensive and prevent uncertainties!

Why have a will in Spain if I already have a will in Germany? Quite simply to clearly regulate your inheritance and to avoid possible interpretations of the German will by Spanish authorities. In addition, you are doing the heirs a favour, as by submitting a Spanish will, other documents to be applied for in the testator's country of origin (often expensive and cumbersome) become unnecessary.

Important facts

What you must bear in mind with a Spanish will:

Differences for residents and non-residents

First of all, you can only choose the substantive law, i.e. the possibilities of injunctions. The obligation to pay tax always remains subject to Spanish tax law. If you are not a resident, the choice of law is quite simple, the law of the country of your habitual residence is usually applied. Nevertheless, this point should be mentioned in the will.

If you are a resident in Spain but have a different nationality, you can now choose which of the two laws you wish to use. What is better in each case or meets your needs should be clarified in a consultation.

Wills may not contradict each other

If another will already exists, it is mandatory to reconcile it with the document to be drawn up here. Otherwise the will of the testator may not be implemented. An objection can often be avoided if the will in Spain relates exclusively to the property in Spain. However, you should have this checked in advance.

Is a joint will also possible in Spain?

Spanish law does not recognise the legal institution of the joint will. However, if a law is chosen for the will which allows this form of will, such as German law, the civil law notary can certify a joint will.

Can I receive my will in German?

If the civil law notary who authenticates the will can speak German, he can agree to authenticate the will in both languages.

Where is the will deposited?

The notary public’s office reports the will to the Central Registry of Wills in Madrid. In the event of inheritance, proof must be obtained from there as to when and where the last and therefore valid will was recorded. Furthermore, the will is kept in the archives by the attesting notary and you will receive a copy.

How much does the notary cost?

Fortunately, the costs for a will in Spain are not dependent on the value and are therefore usually much cheaper than in Germany. The notary charges between 60 and 80 Euros for the notarisation.