The Problem With a UK Will in Spain
Your UK will may be technically valid in Spain — but that doesn't mean it works well. Spanish notaries require certified translations, Apostille stamps, and official verification before they'll act on a foreign will. This adds months of delay and thousands of euros in costs at exactly the moment your family is most vulnerable.
More importantly, without an explicit election of law, Spanish courts may apply Spanish intestacy rules to your estate regardless of what your UK will says. The result can be dramatically different from your intentions.
EU Regulation 650/2012: The Law That Changed Everything
Since August 2015, EU Regulation 650/2012 (the European Succession Regulation) allows EU residents — and residents of countries that chose to participate — to choose which country's law governs their estate. For British nationals in Spain after Brexit, this means you can choose English law to govern your worldwide estate if your Spanish will explicitly states this.
But the key word is explicitly. Without that election, the default rule applies Spanish law to any Spanish assets — regardless of your UK will's instructions.
Critical point: After Brexit, British nationals living in Spain can no longer rely on the EU Succession Regulation's automatic mutual recognition. A carefully drafted Spanish will has become even more important, not less.
What a Spanish Will Covers
A Spanish will (testamento) drafted by CNG Lawyers will:
- Explicitly elect the law governing your estate (UK law, Spanish law, or a combination)
- Name your beneficiaries clearly, in a format Spanish notaries and courts recognise immediately
- Appoint an executor with clear authority to act in Spain
- Address your Spanish property, bank accounts, and vehicles separately
- Be registered in the Spanish Central Registry of Last Wills (Registro de Actos de Última Voluntad), so it can always be located
The Forced Heirship Problem
Spanish law includes legítima — forced heirship rules that require a portion of your estate to pass to certain relatives, regardless of your wishes. Under Spanish law, children are typically entitled to two-thirds of the estate. Partners in a civil partnership have fewer automatic rights than married spouses.
By electing English law in your Spanish will, you can avoid Spanish forced heirship rules and distribute your estate as you intend. This is one of the most important practical reasons to have a properly drafted Spanish will.
How Much Does a Spanish Will Cost?
A Spanish will drafted and notarised through CNG Lawyers is a straightforward, fixed-fee process. It is not expensive relative to the value of the asset it protects. The real cost is what your family faces if you don't have one — inheritance tax exposure, court delays, translation costs, and potentially assets distributed in ways you never intended.
What About My UK Will?
You should keep both. Your UK will governs your UK assets; your Spanish will governs your Spanish assets. The two documents should be carefully drafted to reference each other and avoid any conflict. We work with UK solicitors regularly to ensure the two documents are complementary, not contradictory.
When Should I Make a Spanish Will?
The answer is: as soon as you complete a property purchase. It's often done on the same day as the notary signing, as the notary is already present and the process takes less than an hour. There is no reason to delay.