El blog de Maria

If you own a place in Spain (or plan to), it helps to know how a Spanish will differs from a UK/US (or other) will. A few tweaks now can save your heirs time, cost and stress later.

Key points (quick read)

• Which law applies?
  Spain has forced heirship by default. Under EU Succession Reg. 650/2012, most expats can choose their national law in a Spanish will (e.g., England & Wales, Scotland, your US State), restoring the freedom you’re used to.

• Formality
  Spain’s standard is an open notarial will (signed before a notary, recorded and traceable). UK/US wills are private documents with witnesses; no mandatory registry.

• Administration
  With a Spanish notarial will, heirs usually complete a notarial deed of acceptance in Spain faster. Without one, expect extra steps: declarations of heirs, sworn translations, apostilles, and foreign probate papers.

• Taxes (very brief)
  Spain has Inheritance Tax with rates/allowances set by each region. UK has IHT at 40% above its thresholds; the US has high federal thresholds plus some State taxes. Cross-border planning matters.

Often the smoothest setup

• Two-will approach:
  One Spanish will limited to Spanish assets + one home-country will for the rest.
  Make sure they’re harmonised (no accidental revocation) and include a clear choice-of-law if that’s your intention.

Common pitfalls

• No choice-of-law clause when you want UK/US rules.

• A new home-country will that unintentionally revokes the Spanish one.

• Heirs later lacking NIE, translations or apostilles.

Quick checklist

• Spanish notarial will (limited to Spanish assets) with choice-of-law if desired.

• Home-country will updated and consistent.

• Plan for NIE, translations, apostilles, and your region’s tax rules.

Happy to keep this non-commercial and on-thread.
Tell me which jurisdiction your will is from (E&W, Scotland, a US State, Ireland, Canada, etc.) and I’ll outline the practical differences vs a Spanish will and what your heirs would face here.