How to make a will in Spain

Ensuring your wishes are respected and avoiding family disputes start with proper estate planning. We provide a clear and straightforward guide on how to make your will in Spain with full legal certainty.

What is a will and why is it important?

A will is a legally valid document that allows the testator to decide on the distribution of his/her assets and other property when he/she dies.

The act of making a will is personal, free and revocable, which means that the will can be modified as many times as the testator wishes.

Having a will is very important to establish who will inherit your assets and how they will be distributed. If there is no will, the law will determine the distribution of the inheritance, which may not be exactly what the deceased wanted and can lead to family conflicts.

For a will to be valid, it must meet three main requirements:

The testator must be in full possession of his/her mental faculties.
The will must be made without coercion.
The testator must be of legal age.

Types of wills

There is no single way to make a will; it can be adapted to the specific needs and situations of each person.

The most common types of wills are the following:

Holographic will. This document is handwritten by the testator without the involvement of a notary. To be valid, it must be entirely written by the testator and signed, including the date it was written. It has the advantage of being private and accessible, but it is riskier because it is more likely to be lost or to fail to meet certain requirements and therefore be invalid. Moreover, after death, this will must be notarized and filed (protocolized) before a notary within a maximum period of 5 years to be valid. This process is usually more expensive than having made an open will from the beginning.
Open will. It is the most common type of will drawn up before a public notary according to the testator’s wishes. Even though it is a public deed (escritura), and witnesses can access its contents, it is the type of will that provides greater legal security and therefore the most recommended.
Closed will. This is a private document written in an envelope and delivered to a notary. Although the testators may choose to keep it themselves or entrust it to a third party, it is customary for the notary to keep it secret and secure until the testator’s death to ensure its safety. While this type of will guarantees privacy, it can create problems if it is lost (in case of private custody) or not presented in time.
Special wills. These wills are made only in extraordinary situations. Some examples are military wills, made in times of war, maritime wills, made during a sea voyage, and wills made in a foreign country.

How to prepare a will step by step

Although the process of making a will may seem very complicated, it isn’t really. The steps to prepare a will are:

Analyze your assets and who you want to inherit them. Ideally, you should make a list of your property and who you want to inherit it. Another important aspect is choosing a guardian for any minor children in your care and an estate administrator, who will ensure your wishes are fulfilled. Additionally, when making your list, do not forget to include your “digital legacy”. Nowadays, it is essential to provide for assets such as cryptocurrencies, social media profiles, or files stored in the cloud, ensuring that your heirs can access or manage them according to your wishes.
Seek legal advice. Having legal information from a lawyer specializing in inheritance law is essential to ensure that your will complies with legal and tax requirements.
Go to a notary. Once you know what you want to do with your assets and have sufficient legal information, go to a notary to have your will made official. The Notary will formalize your wishes in a public deed (escritura) and ensure compliance with Spanish regulations. And, if you are a foreigner, your will can be processed in a dual-column format (Spanish / Your language).
Keep a copy of your will. Once it’s written, it’s best to keep a copy of your will in a safe place and let a trusted person know about it.

Important legal considerations in Spain

Although making a will is a free act, in Spain this freedom is limited by the “legítima” (forced heirship), which is the portion of the estate that must legally go to forced heirs, such as children or a spouse. Nevertheless, under EU Regulation 650/2012, foreign nationals residing in Spain can choose in their will to have the law of their nationality applied to their estate instead of Spanish law. This is a vital tool to bypass the Spanish rules if your national law allows greater freedom in distributing your assets.

Additionally, it is essential to note that inheritance law has significant regional differences in communities like Catalonia, Aragon, the Balearic Islands, Navarre, or the Basque Country; the rules will vary depending on your civil residence. It is important to note that your civil residence (vecindad civil) not only dictates inheritance rules but also determines the applicable Inheritance Tax. This tax varies drastically between Spain’s Autonomous Communities, making professional legal planning vital to significantly reduce the tax burden for your loved ones.

Lastly, this document should not be confused with an Advance Healthcare Directive (Testamento Vital), which pertains strictly to advance medical instructions and not to the distribution of assets.

Documents required to manage your inheritance

To make your will (while alive), the following documents are required:

Original valid ID card or passport.
A list of your assets and the details of your heirs.
If you wish to be very specific, you may bring the deeds of your properties and property tax receipts (I.B.I.).

Documents your heirs will need after death:

Original death certificate.
Original certificate from the General Registry of Last Wills and Testaments, specifying whether or not a will was made.
Original certificate from the General Registry of life insurance contracts.
Original deeds of the real estate.
Property tax receipts (I.B.I.) for the real estate.
Bank certificates proving the existing balances in bank and securities accounts as of the date of death.
Any other title proving ownership of other assets, such as vehicles, boats, etc.
ID card or passport of all heirs.

At Firmalex, we don’t just draft paperwork; we protect your wishes. We ensure your legacy is well-organized so you can focus on deciding your heirs, while we take care of the rest. From your very first consultation to the final certificates, our team handles every legal detail to save your family from unnecessary costs and painful bureaucracy. With efficient service and fixed pricing, we turn estate planning into a smooth process with no surprises. Contact us today and put your future in expert hands.

Further information

This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.

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