- Make a Spanish Will

Make a Spanish Will

Written by Gonzalo Blanco

CONSIDERATIONS ON THE NEED TO MAKE A SPANISH WILL AND ON HOW TO DISPOSE OF YOUR SPANISH ESTATE

If you are not Spanish and you own a house in Spain, keep money in a Spanish current or savings account or are the owner of a vehicle registered in Spain, you should think about who will inherit your Spanish estate when you die. How to deal with this question? In principle, it would be advisable that you make a Will, which, if possible, has been executed in Spain.

If you make a Spanish Will, such shall be governed by Spanish law. There are several types of Wills: nuncupative Will (made before a notary), sealed Will (made by the testator before a notary and kept in a sealed envelope), holographic will (recorded before a Judge of First Instance).

Wills made in your country of origin are legal under Spanish law. However, since the formalities for Wills may sometimes differ in Spain from your country of origin, it is necessary to prove that the formalities of your country of origin are legally valid. Thus, you will need to provide certificates issued by the relevant authorities in your country proving that such legal requirements are in force. Sometimes, you will also be required to accompany the non-Spanish Will by a decree, stating who the persons entitled to succeed are and/or a statement made before a notary in your country of origin proving that such Will is the last Will you have executed in your country. All the above requirements will be necessary if you execute a non-Spanish Will in Spain (for instance a Will that has not been executed in Spain in which the testator appoints one or several persons as the heir(s) of his or her estate, irrespective of the place where such estate is located).

Another easier way to dispose of your Spanish estate is through a Will made in a Spanish Embassy or Consulate in your country of origin or domicile. In this case, such a Will shall be subject to Spanish law, since it will be deemed to have been executed in Spanish territory (a Spanish diplomatic mission overseas is considered as Spanish territory). Such a Will shall be directly enforceable in Spain and does not need to comply with the requirements described in the above paragraph.

Finally, another aspect that should be taken into account is that Spanish law strictly forbids the execution of joint Wills in Spain. Therefore, married couples cannot make a joint will, even it they intend to bequeath their estate to each other. Each of them will then have to make a separate will.

Gonzalo Blanco