Are You a Foreigner Planning to Make a Will in Spain? Why You Should Never Go Directly to a Notary Without Prior Legal Advice
1. Introduction: A seemingly simple procedure with hidden legal traps
Making a Will in Spain may seem like a quick and easy process: you book an appointment with a notary, tell them your wishes, and sign the document.
For Spanish nationals with straightforward situations, this can work just fine.
But if you’re a foreigner, or part of a couple with different nationalities, this process becomes far more complex than it appears — and skipping the proper legal planning can lead to serious problems for your heirs in the future.
2. The core issue: Spanish notaries are not forced to know international inheritance laws
Foreign clients often assume that the notary will guide them through the process and verify that the content of the Will is valid and respects their home country and laws.
But that’s not the notary’s role.
Spanish notaries are not required to know foreign succession laws. Their job is simply to write down what the testator says, and to prepare a document with the validity of a Will.
They are not responsible for checking if what you want to include in your will is legally valid under your foreign national law.
This is why it is extremely common for Spanish wills signed by foreigners to contain a clause like this:
“Without prejudice to the rights and/or obligations that may exist in Spain or in the country of the testator’s nationality.”
In other words: the notary is acknowledging that they won’t be held liable if the will ends up conflicting with your country’s inheritance laws.
You’re signing at your own risk
3. What does this mean for you as a foreigner?
If you make a will in Spain without seeking legal advice beforehand, you may end up signing a document that’s partially invalid — or that causes unexpected problems for your family down the line.
Common issues include:
- The will might be challenged or declared partially invalid
Some provisions may violate your home country’s rules, especially if you have forced heirs (like children or a spouse entitled to a minimum share).
- Legal conflicts across jurisdictions
Your heirs could face lawsuits or legal battles between countries to decide which law applies to the inheritance.
- Poor tax planning
Without professional input, your estate may be subject to higher inheritance taxes in both Spain and your home country.
- Problems with jointly-owned property
If a foreign couple buys property together in Spain, and the will does not correctly reflect each party’s legal situation, the surviving partner may lose protection over the home.
4. What’s the right approach, then?
Instead of going straight to a notary, we strongly recommend you first speak with a lawyer experienced in international inheritance and estate planning.
A proper legal analysis can ensure that:
The correct law of succession is identified (based on the European Succession Regulation No. 650/2012).
Your Will respects any legal limitations in your country of nationality (forced heirs, legitimate shares, etc.).
Joint ownership of property in Spain is structured in a way that protects your partner or children.
Inheritance taxes are minimized by coordinating tax rules across countries.
The notary receives clear legal instructions so the will is valid and enforceable in all relevant jurisdictions.
5. Common cases:
– Coflict with national laws of the testator
The Spanish Will collects testator’s instructions which do not accomplish his/her national laws.
– Conflict with other Wills made overseas
The Spanish Will enters in contradiction with other Wills made or to be made in other jurisdictions.
– Foreign-national couples buying property in Spain
This type of legal planning becomes especially important for international couples. Legal implications are vast:
The property may be co-owned.
Two different legal systems may apply to each partner’s estate.
Foreign laws may treat heirs, surviving spouses, and taxes very differently.
Without a tailored legal plan, heirs could face disputes, excessive taxation, or even unintended disinheritance.
6. Conclusion: A quick signature today can cause big headaches tomorrow
At TLA Legal & Tax, we’ve spent over 20 years helping international clients plan their estates and protect their families.
We don’t just “draft Wills” — we build a comprehensive legal and tax strategy for each client’s cross-border situation.
A Will is not a simple form — it’s a binding legal document that determines the future of your assets and your loved ones.
Signing one without proper guidance is like building a house without a blueprint. It might hold… until the storm comes.
Want to make sure your Spanish will is truly valid and enforceable?
We offer personalized online consultations where we review your case and explain exactly what needs to be done to create the proper and most adapted inheritance planning in Spain.
Just contact us and arrange a Videocall with our experts
