It is a very common and sensible question. Many Britons living in Spain wonder whether, having already made a will in the United Kingdom, they also need a Spanish will. The answer is not straightforward, because although the British will is legally valid, it is not always the most practical solution. In reality, making a will in Spain can be the difference between a simple and quick inheritance process and a long, costly path full of uncertainties for your heirs.
Is your British will valid in Spain?
EU Regulation 650/2012, known as Brussels IV, allows any European citizen to choose the law of their country of origin to govern their succession. Thanks to this regulation, a British will can be recognised in Spain. However, this recognition does not free your family from several formalities. They will still need sworn translations, an apostille, the Grant of Probate, and the intervention of a Spanish notary for the document to be effective. All of this adds time, expense and stress at an already difficult moment.
Why is a British will not enough?
The legal validity of the British will is not the real issue, but rather the practical obstacles it creates when it comes to carrying out the inheritance in Spain.
Each additional step means more months of waiting and a significant increase in costs. The requirement for sworn translations, legalisations and validations slows the whole procedure and turns what could be resolved in weeks into a process that drags on for months.
More bureaucracy for your heirs.
When a loved one dies, the last thing the family needs is to deal with a bureaucratic maze. Without a Spanish will, your heirs will have to hire lawyers to manage the succession, take on unexpected costs and endure an extra level of uncertainty that only adds to their distress.
Tax uncertainty.
Taxation is another sensitive issue. Even if you rely on a British will, inheritance in Spain is always subject to Spanish tax law. Without proper planning, your heirs may miss the opportunity to benefit from deductions and allowances which, in some cases, can save thousands of euros on Inheritance Tax.
Advantages of making a will in Spain
Having a Spanish will does not cancel the one you have in the United Kingdom, but rather complements it. This document provides tangible benefits that bring security and peace of mind both for you and for your family.
Greater clarity and simplicity.
One of the most important things of making a will in Spain, notaries and registrars work with a document drafted in the local language and adapted to Spanish law. This reduces the risk of interpretation errors and eliminates legal doubts that would otherwise delay the process.
Real savings of time and money.
By avoiding translations, apostilles and international procedures, the inheritance process is completed much more quickly. For your heirs, this means receiving assets sooner and avoiding high administrative costs.
Fiscal and estate planning advantages.
A Spanish will allows you to plan precisely what happens to your assets in Spain. With the right advice, your heirs can benefit from regional reductions in Inheritance Tax that significantly lower the tax burden.
The peace of mind of protecting your family.
The most important benefit is knowing that your inheritance will be settled in the most direct and uncomplicated way. With a Spanish will, you relieve your heirs of unnecessary burdens and ensure your wishes are carried out exactly as you intended.
Frequently asked questions about
Can I have both a UK will and a Spanish will at the same time?
Yes, and in fact it is highly recommended. The Spanish will focuses on your assets located in Spain, and the British one on the rest. The key is that both are drafted in coordination so that they do not contradict each other.
What happens if I only leave a British will?
The inheritance can still be processed, but the procedure will be slower, more expensive and more uncertain. In addition, your heirs are unlikely to benefit from the tax advantages that Spanish law provides.
Does a Spanish will automatically revoke a British will?
No. Both can coexist if drafted in a coherent and complementary way. This is why it is essential to work with inheritance lawyers who understand both British and Spanish law.
What taxes are payable in Spain on inheritance?
Inheritance Tax depends on the autonomous community where the assets are located. With the right guidance, your heirs can apply reductions and allowances that in many cases make a substantial difference to the final amount payable.
Protect your heirs by making the right choice
A British will may be valid, but only a Spanish will gives you the clarity and efficiency you need to secure the inheritance of your assets in Spain. By making one, you not only simplify the legal and tax process, you also protect your heirs from months of uncertainty, high costs and unnecessary concerns. Now is the time to make the decision that will give you peace of mind and provide your family with the security they deserve. Contact our firm and we will guide you step by step to draft the will that best suits your circumstances.
