How to execute Belgian Testament Spain

How to Execute a Belgian Testament in Spain

When a person with assets in Spain passes away and leaves a Belgian will (Testament), certain legal procedures must be followed in order to execute that Testament under Spanish law.

Step 1: Legalisation and Translation of Belgian Testament

To begin the process, you must present the Belgian will to a Belgian notary in order to:

  • Confirm that it is the last valid Testament made by the deceased.

  • Obtain the official Act of Succession and Declaration of Heirs.

  • Be officially appointed as legal heir to the estate.

Once this is done, the Belgian notarial documents must:

  1. Be apostilled under the Hague Convention (La Haya Apostille).

  2. Be officially translated into Spanish by a sworn translator.

Step 2: Verification of Testament in Spain

Before executing the Belgian will in Spain, it is essential to confirm whether the deceased had also signed a Spanish will. Even if you already have a copy of the Belgian Testament, the law requires:

  • A formal request to Madrid (Registro General de Actos de Última Voluntad) to verify whether a Spanish will exists.

Documents Required:

  • Original death certificate, apostilled.

  • Official Spanish translation of the death certificate.

Once confirmation is received that no Spanish will exists, you can proceed with the inheritance process.

Step 3: Execution of the Inheritance in Spain

Once the above steps are complete, the Belgian notarial documents are brought before a Spanish notary. The process then involves:

  1. Execution of inheritance deeds by the notary.

  2. Registration of the new ownership at the Spanish Land Registry.

  3. Payment of Inheritance Taxes and associated costs.

Additional Steps and Documents Needed

To properly carry out the inheritance and future sale of the property, the following will be required:

✅ Belgian Notarial Testament Execution

  • This must be obtained from a Belgian notary. Our office can assist you with this step, in English, French, or Flemish.

✅ NIE Number

  • You will need to obtain a Spanish NIE (Número de Identidad de Extranjero) at the Spanish Consulate in Belgium. This number is required for any legal or fiscal act in Spain, including:

    • Accepting the inheritance

    • Selling property

✅ Power of Attorney (POA)

  • To avoid traveling to Spain for each step of the process, you can sign a POA at the Spanish Consulate in Belgium authorizing our legal team to:

    • Execute the inheritance on your behalf

    • Sign the sale of the property, if applicable

    • Obtain your NIE in Spain

✅ Signing at the Spanish Notary

  • Once the documents are ready, the inheritance deeds must be signed before a Spanish notary.

✅ Spanish Inheritance Tax Declaration

  • A full declaration must be submitted to the Spanish tax authorities.

✅ Registration at the Land Registry

  • The property must be formally registered in your name.

Post-Inheritance Actions

Once the property is registered under the name(s) of the heir(s), the following administrative tasks should be completed:

  • Update of the habitation certificate in the new owner’s name.

  • Change of utility contracts (electricity, water, etc.) to the heir’s name.

  • Change of bank account details linked to direct debits and taxes.

Legal Disclaimer

This article is for informational purposes only and does not substitute legal advice. Please consult with a qualified legal professional before undertaking any inheritance procedure in Spain.