A Comprehensive Guide to Wills and Inheritance in Spain

What are the Advantages of Making a Will in Spain? 

• Avoiding Expensive Legal Matters: creating a will in Spain helps avoid costly legal issues that heirs would otherwise need to resolve. By preparing a will, you can ensure your assets are distributed according to your wishes, potentially reducing the time and money spent on legal disputes. 
• Flexibility for Foreigners: Foreigners in Spain are not required to distribute their assets equally among their heirs. This flexibility allows them to leave properties to their preferred beneficiaries. However, the estate will still be subject to inheritance tax in Spain. 
• Inheritance Tax Reduction: A significant advantage is the potential reduction in inheritance tax. Spanish residents can benefit from a 95% reduction on their estate concerning inheritance tax, a benefit not available to non-residents. 

Types of wills in Spain 

1. Open Will ("Testamento Abierto"): An open will is prepared by a notary and is the most recommended type. The content is known by three witnesses and the notary, all of whom must sign the will. A copy is sent to the General Registry of Wills. 
2. Closed Will ("Testamento Cerrado"): A closed will is drafted by a lawyer and must comply with Spanish law. Is it then seen and signed by a notary and sealed in the presence of two witnesses. The notary record it similarly to an open will. Legal assistance ensures all steps are followed properly. 
3. Holographic Will ("Testamento Ológrafo"): A holographic will is made orally or handwritten by the testator. It requires no witness or formalities, though it can be registered with the Registry of Wills. This type is suitable for smaller estates. 

How to Prepare a Spanish Testament? 

Witness Requirements: For open and closed wills, at least two witnesses are required. These witnesses must not be closely related to the testator. An open will must be drafted in the presence of a Spanish notary, whereas a closed will is sealed and handed over to the notary by the testator. 

Registration: Regardless of the will type, it must be registered with the Central Registry of Wills in Spain, receiving a unique registration number. 

How can Foreign Citizens Prepare Wills in Spain? 

Asset-Specific Wills: Foreign citizens can draft wills covering only their assets in Spain simplifying the process for heirs. Foreign wills are recognized for Spanish assets but do not apply to assets abroad. Ensuring no conflict between different inheritance laws is crucial. 

How to challenge a will in Spain: Legal bases

Wills can be contested on several grounds: 

• Invalidity due to improper drafting 
• Lack of testamentary capacity 
• Lack of approval by the testator
• Fraud
• Undue influence

Evidence supporting these claims is required. 

What is the Legislation Governing Wills in Spain? 

Europe Union Regulation 650/2012

Since 2015, Spanish legislation follows the national law of the person`s habitual residence, as per EU Regulation 650/2012. Previously, it was based on the deceased`s national law. Spanish inheritance law prioritizes children over spouses in asset distribution. 

Inheritances in Spain: steps to follow

1. Obtain Original Death Certificate: Recommended within 24 hours of death.
2. Apply for Certificates of Last Wills and Life Insurance: If no will exists, apply for probate.
3. Inventory Assets: Include bank accounts, real property, vehicles, etc., to ensure titles are transferred to heirs.
4. Other Foreigners Identification Number (NIE): Required for inheritance procedures and signing the inheritance certificate.
5. Liquidate Inheritance Taxes: Change asset titles to legitimate heirs.

Feel free to reach out to our attorneys if you need help drafting a will in Spain or with any related legal matters.