Why YOU Should Have a Spanish Will !

Why Every Foreign Resident in Spain Should Have a Spanish Will

At SGM Abogados, we regularly assist clients from across Europe and beyond in buying, selling, and protecting property in Spain. One of the most overlooked—but absolutely essential—legal safeguards for foreign residents and property owners is having a Spanish Will.

Whether you own a holiday home on the Costa Blanca or reside here full-time, having a Spanish Will is not a luxury—it’s a necessity.

Why Is a Spanish Will So Important?

While your home country Will may cover your worldwide assets, Spanish inheritance procedures do not automatically recognise it, and even when they do, the process can become costly, complex, and painfully slow.

Here’s why a Spanish Will is critical:

✅ It streamlines the inheritance process in Spain—avoiding delays that can last months or even years.
✅ It allows you to choose the applicable law (e.g., your national law) to govern your estate under EU Regulation 650/2012.
✅ It reduces costs and taxes by clarifying your intentions, avoiding conflicts and legal claims.
✅ It helps your heirs avoid unnecessary court procedures and administrative blocks.
✅ It protects your family from disputes or claims from unintended beneficiaries.

The Pitfalls of Not Having One

Without a Spanish Will, your heirs may face:

❌ Frozen assets (properties and bank accounts cannot be accessed or sold).
❌ Lengthy and expensive procedures to translate, legalize, and validate a foreign Will.
❌ Unintended heirs or consequences, especially if Spanish intestacy rules apply by default.
❌ Difficulties for non-Spanish-speaking family members navigating Spanish bureaucracy.

Real Case Example: What Can Go Wrong

Let us share a real example (with names changed) from a recent case:

Peter and Susan, a retired couple from the UK, bought a home in Torrevieja 12 years ago. Peter sadly passed away in 2023. He had a UK Will but never made a Spanish one. Susan assumed she could simply present the UK Will to inherit his half of the Spanish property.

Instead, she faced a two-year ordeal:

The UK Will had to be translated and apostilled.
The Spanish authorities requested a Certificate of Law to verify how UK law applies.
Their joint Spanish bank account was frozen during the process.
She incurred over €5,000 in legal and notarial costs—costs that would have been under €1,000 with a Spanish Will.
Most importantly, she could not sell or transfer the property in the meantime.

Susan later told us, “If only we had known, we would have sorted a simple Spanish Will years ago.”

It’s Simple and Affordable to Protect Your Loved Ones

At SGM Abogados, we prepare tailor-made Spanish Wills, in English and Spanish, to ensure your wishes are clear, respected, and legally valid in Spain.

The process is quick, transparent, and gives you peace of mind that:

Your property and bank accounts in Spain will go to the right person.
Your heirs will not face unnecessary legal or financial hardship.
Your national law is applied (especially important in countries with freedom of disposition, like the UK, Belgium, or the Netherlands).

Ready to Secure Your Legacy?

If you already own property or assets in Spain—or plan to—don’t wait until it’s too late. Contact our expert legal team today to create or review your Spanish Will. It’s a simple step that protects everything you’ve worked for.

📩 info@sgmlegalspain.com
📞 +34 965 72 48 71
🌐 www.sgmlegalspain.com

SGM Abogados – Helping foreign residents in Spain feel protected, understood, and at home.