Why You Need a Spanish Will: Save Time, Reduce Taxes, and Protect Your Loved Ones
When buying property or holding assets in Spain, many people don’t realise how essential it is to have a Spanish will. Without one, the inheritance process can be lengthy, expensive, and sometimes result in your estate going to people you didn’t intend. Alex Radford, recorded a YouTube video with Patricia Rivas and Laura Albors, who are expert inheritance lawyers from My Lawyer in Spain. They talk about the benefits of having a Spanish will—and how it can help you save on inheritance tax too.
Here are some key takeaways from the conversation:
Six Key Benefits of Having a Spanish Will
1. Ensures Your Assets Go to the Right People
Having a Spanish will means your property and assets are distributed exactly how you want.
2. Makes the Legal Process Faster & Simpler
With a will in place, your loved ones can avoid unnecessary paperwork and bureaucracy.
3. Avoids Extra Costs
No need for expensive translations or additional documents from your home country.
4. Helps Mitigate Inheritance Taxes
With legal advice, you can structure your will to reduce potential tax burdens.
5. Works Alongside Your Home Country Will
You can have a will in Spain as well as in your home country to ensure both work together properly.
6. Lets You Choose Which Law Applies
Living in Spain? You can opt for your home country’s inheritance laws to avoid Spanish forced heirship rules.
Can You Reduce Spanish Inheritance Tax?
Absolutely. As Laura explained, the amount of tax depends on:
- Who inherits (spouses and children get larger allowances)
- Where the assets are located in Spain (regional tax rates vary)
For example, in Andalucía, spouses and children can benefit from allowances of up to €1 million with a 99% tax reduction. In contrast, an unmarried partner might pay up to 40% tax on the same inheritance. Getting married or registering a civil partnership can make a huge difference in what your loved ones owe.
What Happens If You Don’t Have a Spanish Will?
If you don’t have a Spanish will, the law of your country of residence applies. If you live in Spain, that means Spanish inheritance law—which could force two-thirds of your estate to go to your children, even if you wanted to provide for someone else (like a new spouse or partner).
By having a properly drafted will, you get to decide who inherits—and you protect your loved ones from unexpected tax bills.
Where Do You Sign a Spanish Will?
It’s easiest to sign your Spanish will in Spain before a notary, and we can assist by acting as translators. Wills can also be signed abroad but often require more documentation, potentially increasing costs.
If you own property in Spain or plan to, having a Spanish will is essential. It will save your family time, money, and stress. If you’d like expert advice or need help drafting your will, book a consultation with our team today.
Contact us by booking a Consultation or fill out our contact form to get started. We also have an online form which you can complete to start the process. This provides future points of reference to think about as you make your Will
