Making a Spanish will
03/01/2023

Wills are always a tricky subject, leaving your assets behind to those closest to you, ensuring that it is as hassle-free as possible.

If you have any sorts of assets in your name in Spain, according to the European Regulation (R 650/2012), valid since 2015, if you are a Spanish resident when you come to pass, Spanish law applies to your assets.

This is a very strict law, and states which family members are prioritised and other such limitations.

This will apply, unless you state under which law you wish to regulate your will. If you are a British national, you may regulate it under your national law which does not regulate or limit to whom you wish to leave your assets.

What happens if I have an English will already in place for my worldwide or English assets?

If you have a will already in place, and you wish to create a new will in Spain that covers all of your assets, this will override your previous will.

If you have a will already in place, and you wish to create a new will in Spain regulating only certain assets, you need to make sure that any modifications made to your already exisiting wills includes a clause that states that your exisiting will does not revoke your Spanish will.

What happens if I lose my will, my lawyer loses it, or it cannot be found upon my death?

There is a main will registry where all wills are registered. Notaries, the official executors of wills in Spain have access to the original will.

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