If you own a home on the Costa Cálida, whether it’s an apartment in Puerto de Mazarrón, a villa near the Mar Menor or a townhouse in Condado de Alhama, one question comes up again and again: do I need a separate Spanish will, or is my will back home enough?
The short answer is that you are not legally obliged to make a Spanish will. Your existing UK or Irish will can be valid over your Spanish assets. But “valid” and “sensible” are not the same thing. In practice, a separate Spanish will can save your family months of delay, significant cost and a great deal of stress at the worst possible time. Below we explain when you need one, how it works alongside your home will, and the one mistake that causes the most problems.
Is a Spanish will legally required?
No. Spain recognises foreign wills, so a will made in England, Scotland, Northern Ireland or Ireland can in principle be used to pass on your Spanish property.
The difficulty is procedural. When a foreign will is presented to a Spanish notary, bank or Land Registry, it first has to be translated by a sworn translator, legalised with an apostille and then interpreted by Spanish professionals working under Spanish law. Each of those steps takes time and money, and any ambiguity in the wording, perfectly clear in English law, can trigger queries that stall the whole inheritance.
A Spanish will avoids all of that. It is drafted in Spanish from the outset, signed before a Spanish notary and automatically registered in the central wills registry (the Registro General de Actos de Última Voluntad). After a death, your heirs can locate it within days and present it directly to the notary, the bank and the Land Registry with no translation and no apostille. That is the difference between an estate settled in a few months and one that drags on well beyond a year.
Why we recommend a Spanish will for most owners
For the vast majority of our clients who own property here, a Spanish will covering their Spanish assets is the right call, for three reasons:
Speed and lower cost. No translation, no apostille and no need for Spanish lawyers to reinterpret a foreign document. Your heirs deal with a document the local notary already understands.
Certainty for your family. A registered Spanish will is easy to find and hard to lose. Your beneficiaries are not left searching for paperwork in another country while grieving.
Fewer points of friction. Spanish institutions are used to Spanish wills. The fewer unusual documents your heirs have to explain, the smoother the process.
Brussels IV: choosing which country’s law applies
This is the part that catches many UK and Irish owners by surprise, and it is the single most important reason to take advice.
Spanish succession law includes forced heirship (the legítima), which reserves a fixed share of your estate for certain relatives, typically your children, regardless of what you would prefer. By default a large part of your estate can be locked away for them, overriding your wishes.
The EU Succession Regulation, widely known as Brussels IV (Regulation 650/2012), changes this. Its default rule is that the law of the country where you were habitually resident when you die governs your whole estate. So a British couple who have retired full-time to Murcia would, by default, have Spanish law, including forced heirship, applied to their estate.
Crucially, Brussels IV also lets you make a choice-of-law election: you can state that the law of your nationality should govern your succession instead. A British national can elect the law of England and Wales, Scotland or Northern Ireland; an Irish national can elect Irish law. That election overrides the default rule and takes Spanish forced heirship off the table, letting you leave your property as you actually wish.
Does this still work after Brexit?
Yes. Although the UK opted out of Brussels IV and is now outside the EU, Spain still applies the regulation. Because Spain applies it universally, a Spanish notary will respect a valid choice-of-law election by a British national, even though the chosen law is that of a non-EU country. Ireland also opted out, but the same logic applies: Spain will honour an election of Irish law made in the will.
The safest place to record this election is in your Spanish will, using a clear clause that names the law of your nationality. If you leave it out, you fall back to the default rule based on your habitual residence, which for permanent residents in Spain means Spanish forced heirship applies.
The two-will approach, and the mistake to avoid
For most cross-border owners the tidiest solution is two coordinated wills: a Spanish will dealing with your Spanish property and assets, and your home-country will dealing with everything else.
There is one mistake we see repeatedly, and it can be catastrophic. A standard UK will usually opens by revoking all previous wills. If you sign a new home will after your Spanish will, that boilerplate clause can accidentally cancel your Spanish will, and vice versa. Both documents must be drafted so that each is limited strictly to the assets in its own country and does not revoke the other, and both should carry consistent choice-of-law wording. This is exactly the kind of detail that a solicitor coordinating both sides gets right and a DIY approach gets wrong.
Important: a Spanish will does not reduce your inheritance tax
This is a common misunderstanding. Brussels IV and your will decide who inherits; they do not change what tax is due. Spanish inheritance tax (Impuesto de Sucesiones y Donaciones) is governed separately by national and regional rules, and it still applies to Spanish assets regardless of which country’s succession law you elect.
The good news is that the Region of Murcia offers generous reductions for close family members, but the rules and allowances change, and they depend on your circumstances and residence status. Planning your will and your inheritance-tax position together is where real savings are made. You can read more on our Tax & Accounting page.
How a Spanish will is made
The process is straightforward with the right help. Your solicitor prepares the will in Spanish (usually in a dual-language format so you understand exactly what you are signing), you sign it before a Spanish notary, and it is registered in the central wills registry automatically. It is quick, relatively inexpensive and gives you and your family lasting peace of mind. If you are buying now, it is worth arranging alongside your purchase; see our Property Conveyancing service.
Frequently asked questions
Is my UK or Irish will valid in Spain? Yes, it can be, but it must be translated, apostilled and interpreted under Spanish procedures, which is slow and costly. A Spanish will avoids those steps.
Will a Spanish will revoke my UK will? Only if it is badly drafted. Each will should be limited to the assets in its own country and must not revoke the other. Coordinating both is essential.
Can I avoid Spanish forced heirship rules? Yes, by making a Brussels IV choice-of-law election in your will, choosing the law of your nationality. Without that clause, Spanish forced heirship can apply if you are habitually resident in Spain.
Does a Spanish will reduce inheritance tax? No. It governs who inherits, not the tax. Spanish inheritance tax still applies, though Murcia offers significant reliefs for close relatives.
Do I need a Spanish will if I only own a holiday home and live in the UK? It is still strongly recommended. It makes settling the Spanish property far simpler for your heirs, even if the default succession law would already be that of your nationality.
Talk to an English-speaking solicitor in Murcia
Cross-border estates involve two legal systems at once, and small drafting errors can have large consequences for your family. At PALS we prepare coordinated Spanish wills, advise on Brussels IV elections and plan around Spanish inheritance tax, all in plain English. Learn more about our Inheritance & Wills service, or book a consultation and we’ll walk you through your options.
