Can a will written in the UK be used in Spain? What you need to know
Moving to Spain or owning property there is an exciting venture, but it also requires a lot of careful planning – especially when it comes to handling your assets. If you already have property or other assets in Spain (or you’re planning to acquire them), you may be wondering whether your UK will is enough to cover them. While a will written in the UK is legally valid in Spain, enforcing it can be more complicated than necessary. This is why so many people choose to create a separate Spanish will – to make things easier to manage and to avoid delays when the will is needed.
At Gascón Bernabéu, our English-speaking lawyers specialise in handling Spanish legal matters for international clients. Whether you’ve recently moved to Spain, or you own property, or you’re simply planning ahead, we’re here to guide you through the process from start to finish. With the help of one of our English-speaking solicitors, creating a Spanish will is simple and straightforward, giving you peace of mind that everything is in place when the time comes.
If you’re considering your options, here’s what you need to know about using a UK will in Spain and whether having a Spanish will is the right choice for your assets.
Is a UK will valid in Spain?
The short answer is yes; a UK will is legally valid in Spain. However, to make sure it’s lawfully recognised, there are a few steps you need to follow. Firstly, the will must be officially translated into Spanish by a certified translator, and it must also be legalised with an Apostille under the Hague Convention to confirm that it is authentic.
So, why do people choose to create a separate Spanish will if their UK one is valid? Well, even though your UK will is recognised, executing it in Spain can be a bit more complicated. For starters, your beneficiaries will have to navigate the Spanish inheritance process regardless, which works very differently from the UK’s probate system. Without a Spanish will, it can be more time-consuming, costly, and difficult for your loved ones to access your Spanish assets. In some cases, it could take months or even longer. Since you’ll need to have your UK will translated anyway, many people find that it’s easier to simply create a Spanish will to make the process smoother for everyone involved.
Should you make a Spanish will?
If you own property or assets in Spain, having a Spanish will can simplify the process for your beneficiaries – whether that’s your spouse, children, or other family members. As we mentioned earlier, while your UK will is legally recognised in Spain, the process of executing it can be time-consuming. This is mainly because Spanish law varies between regions, and it’s not a one-size-fits-all system like English law. That’s why having a local Spanish will really streamline the process, ensuring that your assets go exactly where you want them to as soon as possible.
It also helps reduce the legal hurdles, making it quicker and cheaper for your loved ones to access your assets when the time comes. A Spanish will is also instrumental in preventing unnecessary confusion, as it ensures your Spanish assets are dealt with according to the specific laws of the region in which they are located.
The good news is that creating a Spanish will doesn’t mean you need to change your UK will. Both wills can coexist without conflict. Simply let your English-speaking lawyer know about your UK will, and we’ll ensure both documents are aligned, complementing each other. This way, you can be confident that your wishes will be followed and the process will be as smooth as possible for your loved ones.
Do you need to travel to Spain to make a Spanish will?
No, you don’t need to travel to Spain to create a Spanish will. The process can be easily completed in the UK without the need for a trip. You can either sign your will at the Spanish Consulate, which doesn’t require any witnesses and is recognised directly in Spain, or with a UK Notary Public, which requires two witnesses and will need to be legalised with an Apostille. Our expert solicitors at Gascón Bernabéu can help guide you through the process, ensuring everything is taken care of smoothly and efficiently without you needing to leave the UK.
How can we help?
At Gascón Bernabéu, our English-speaking lawyers are here to make the process as straightforward as possible. We can help you draft a Spanish will that works seamlessly alongside your UK will, so you can rest assured that your wishes are clearly recorded under both legal systems. For more information on creating a Spanish will, you can head to our wills page to learn more about our services and how we can assist you.
Whether you need assistance with applying English law to your Spanish assets or guidance through the signing and legalisation process in the UK or Spain, we’re here to ensure everything is in order. To speak with a member of our friendly team for a confidential, no-obligation consultation, you can reach us through the form on our website, or by email at info@gbabogados.co.uk, or by giving us a call on +44 (0)20 3137 1320. We’ll be happy to answer any questions you have about creating a Spanish will.