While it’s technically possible to include your Spanish assets in a will from your home country, we suggest considering a different approach for a smoother process.
Why You Should Have Two Wills: One for Your Home Country and One for Spain
For non-residents who own property in Spain, having two separate wills—one in your home country and another specifically for your Spanish assets—is highly recommended. It’s important to note that a Spanish will only covers your Spanish estate and does not override any existing wills made in your home country.
Key Benefits of Having a Separate Spanish Will
Avoid Penalties and Delays with Spanish Inheritance Tax (IHT)
- Spanish Inheritance Tax has a strict 6-month deadline for filing and payment. Having a Spanish will helps your heirs avoid extra charges, interest penalties, and delays.
Save Time and Money on Legal Procedures
- If you only have a will from your home country, your beneficiaries may face a lengthy and complicated legal process in Spain, often exceeding the 6-month IHT filing deadline.
- Translation, notarization, and dealing with the Apostille of The Hague Convention can be costly and time-consuming.
- A separate Spanish will simplifies the process, saving both time and hassle for your heirs.
Security and Flexibility of a Spanish Will
Safe Storage and Accessibility
- The original copy of your Spanish will is securely stored by the Notary. Even if the document is lost, all details are safely recorded at the Central Registry of Last Wills in Madrid, and you can always request a copy.
Drafted by Qualified Spanish Notaries
- Choosing a Spanish Notary to draft your will ensures an extra layer of legal protection. Notaries in Spain are highly qualified professionals who guarantee your will is correctly drafted and legally valid.
Governed by Your National Laws
- A Spanish will allows you to manage your Spanish estate according to your national laws, avoiding Spain’s forced heirship rules. You have full freedom to decide how your assets are distributed.
Language Flexibility
- Language barriers won’t be an issue. Your Spanish will can be drafted in English or any other language, ensuring clear understanding during the Notary process.
Creating a separate Spanish will for your property in Spain can save time, reduce legal complications, and protect your heirs from unnecessary penalties. If you have any questions or need expert guidance, contact us at info@utrust.es. Our team is ready to help you manage your Spanish assets efficiently.