A Spanish Will for Your Property: Why It Matters
Owning a home in Spain raises a question many UK buyers overlook: should you also make a Spanish will? This is a practical question about process, not about how much inheritance tax is owed.
Who is behind this page. Sókerim is a Spanish real-estate agency (Lyrio Home Solutions, S.L.) with offices in the Madrid region and Alicante and a network of about 1,000 collaborating agencies across Spain. We help people who live abroad find, buy and manage property in Spain, in English, from the first search to the keys.
A Different Question From Inheritance Tax
When British buyers ask about inheritance and Spanish property, the conversation usually jumps straight to tax rates. That is a separate matter, governed by Spanish regional rules and the double taxation agreement between Spain and the United Kingdom, and it deserves its own advice from a tax specialist. The question here is narrower and more practical: once you own a flat, villa or finca in Spain, does your existing UK will cover it adequately, or is a second, Spanish-law document worth having alongside it?
Most Spanish lawyers and notaries recommend a separate Spanish will for anyone who owns real estate in Spain, precisely to avoid friction after a death: translated documents, probate recognition, delays at the Land Registry. None of this changes what tax is eventually due; it changes how smoothly the property passes to your heirs.
A Spanish will does not reduce or increase inheritance tax; it simply organises how your Spanish property is transferred under Spanish law.
Why a Spanish Will Is Different From Inheritance Tax
A will is an instruction about who inherits what and how that transfer is formalised. Inheritance tax is a separate calculation, made afterwards, based on the value received and the heir's circumstances. You can have an excellent Spanish will and still owe tax; you can also have no Spanish will at all and the same tax would eventually be due. The two things run on parallel tracks, and confusing them leads some owners to delay making a will simply because they are unsure about the tax side.
For a UK owner, a Spanish will exists to make the administrative process straightforward for whoever survives you: your spouse, children or other beneficiaries. It names a Spanish-recognised executor, describes the property using the details on the deed, and is drafted in a form Spanish notaries and the Land Registry are used to processing without translation disputes.
Having both a UK will and a Spanish will is common and generally advisable; the Spanish one should state clearly that it covers only Spanish assets, so the two documents do not accidentally cancel each other.
What a Spanish Will Covers
A Spanish will typically deals only with assets located in Spain: the property itself, any Spanish bank account linked to it, and related rights such as a garage or storage room registered separately. It is signed before a Spanish notary, who keeps the original and registers its existence in the central wills registry, so it can always be located later even if the paper copy is lost.
Your UK will, meanwhile, continues to govern everything else: assets in the United Kingdom, and in many cases it can still apply to the Spanish property too if no Spanish will exists. The issue is not legal validity but practicality — a UK grant of probate recognised in Spain usually needs an official translation, an apostille, and sometimes a Spanish court or notary process before the property can be registered in the heirs' names.
NIE
The number behind every Spanish document
Whether you are buying, signing a will, or your heirs are eventually registering an inheritance, the Spanish tax number (NIE) identifies you to the notary and the Land Registry. Keeping it, and telling your executor where to find it, saves time later.
How a Spanish Will Sits Alongside Your UK Will
The two documents are not in competition if drafted correctly. A Spanish lawyer will usually include a clause confirming the Spanish will only governs assets in Spain, leaving your UK will fully intact for everything else. This avoids the common worry that making a new will abroad might unintentionally revoke the one you already have at home.
Because Spain and the United Kingdom have a double taxation agreement, the tax treatment of what your heirs inherit is handled separately from which will applies; a local tax adviser should confirm exactly how any Spanish property or rental income is declared, both in Spain and to HMRC.
| Situation | Extra paperwork for heirs | Typical effect on timing |
|---|---|---|
| Only a UK will covers the Spanish property | several documents | often slower, due to translation and recognition steps |
| UK will plus a separate Spanish will | minimal | generally more direct |
Practical Steps If You Decide to Make One
Making a Spanish will is usually a short, one-off appointment with a notary, once a lawyer has prepared the wording in Spanish (often with an English translation for your own records). You will need your passport, your Spanish NIE, and the details of the property as they appear on the title deed.
It is worth revisiting the will if you sell, buy another Spanish property, or your family situation changes, in the same way you would review a UK will. None of this removes the need for separate advice on inheritance tax itself, which depends on regional rules in force at the time and on each heir's own situation.
- Valid passport or UK national identity document
- Spanish NIE (tax identification number)
- Title deed details of the Spanish property
- Names and details of intended heirs or executor
- A lawyer's draft, reviewed before the notary appointment
If you live in the United Kingdom
Spain is a relatively short flight away from most UK airports, making regular visits to a Spanish property straightforward for owners based in Britain. Many British buyers are drawn to Spain for its climate, coastal lifestyle and established expatriate communities. One practical point to bear in mind is that Spanish inheritance law differs from UK rules, so it is worth taking specific advice on how it may affect the property and one's estate. Currency movements between sterling and the euro can also affect the overall cost of purchase and ongoing expenses.
What a Spanish bank will usually ask you for
- Proof of income: recent P60 and payslips
- Last filed UK tax return (Self Assessment)
- Bank statements from the last three to six months
- Evidence of existing loans or mortgage commitments
- Valid passport or UK national identity document
Tax at home and in Spain
Spain and the United Kingdom have a double taxation agreement in place, and a local tax adviser should confirm how rental income or gains from Spanish property must be declared and reported to HMRC.
Staying in Spain
As the United Kingdom is no longer an EU member state, British citizens may stay in Spain for up to 90 days in any 180-day period without a visa, and must apply for a visa or residence permit for longer stays.
Since the United Kingdom uses the pound sterling (GBP) rather than the euro, buyers should factor in exchange-rate movements and currency conversion costs when paying for a property or transferring funds to Spain.
Frequently asked questions
Do I really need a Spanish will if I already have one in the UK?
Not legally, but it is widely recommended. A UK will can still apply to a Spanish property, but your heirs would usually need an official translation, an apostille and a recognition process in Spain before the property can be registered in their names. A Spanish will, limited to Spanish assets, tends to make that process faster and simpler for whoever inherits.
Will a Spanish will cancel or replace my UK will?
No, not if it is drafted correctly. A Spanish will should state explicitly that it only covers assets located in Spain, leaving your UK will fully in force for everything else, including assets in the United Kingdom. A Spanish lawyer will normally include this limiting wording as standard practice.
Does making a Spanish will change how much inheritance tax my family pays?
No. A will organises who inherits and how the transfer is processed; it does not set tax rates or change the amount due. Inheritance tax on a Spanish property depends on separate rules and on each heir's circumstances, and should be checked with a tax adviser regardless of which will structure you choose.
Can my Spanish will be written in English?
The will itself is signed before a Spanish notary and is normally drafted in Spanish, since that is the version with legal effect and the one registered officially. Most lawyers also provide you with an English version for your own understanding, so you can confirm it reflects your wishes before signing.
What happens if I die owning a Spanish property with no will covering it at all?
Spanish intestacy rules would then determine who inherits, which may not match what you intended, and the process typically takes longer and requires more documentation, including proof of family relationships recognised in Spain. This is one of the main practical reasons owners choose to make a dedicated Spanish will.