If you own property, hold bank accounts, or have other meaningful assets in Spain while also maintaining a home country will, there's a real risk your existing estate planning doesn't cover what you assume it does. This isn't a hypothetical concern — cross-border succession is one of the areas where a well-meaning but incomplete plan can create genuine complications for the people you're trying to protect.
Why a Single, Home-Country Will Often Isn't Enough
A will drafted under your home country's legal system, by a lawyer unfamiliar with Spanish assets, may not smoothly address property, accounts, or other holdings located in Spain. This isn't necessarily because the will is invalid — many foreign wills are recognized in Spain — but because the practical process of applying that will to Spanish-located assets can involve additional formalities, translations, and procedural steps that a will specifically drafted with Spanish assets in mind would have anticipated.
EU Regulation 650/2012: You Can Choose Which Law Applies
One of the most important — and most underused — tools available to foreign residents and property owners in Spain is EU Regulation 650/2012 (often referred to as "Brussels IV"), which allows individuals to make an explicit choice, within their will, as to which country's law governs their succession: either the law of their nationality, or the law of their habitual residence (which, without an explicit choice, is generally the default).
This matters enormously because, without an explicit choice, Spanish succession law may apply by default to assets located in Spain (or more broadly, depending on your circumstances) — and Spanish succession law includes provisions that can differ significantly from what residents of common-law countries (the US, UK, and others) are used to.
Forced Heirship: The Detail That Surprises Many Foreign Residents
Spanish succession law includes "forced heirship" (legítima) provisions, which reserve a portion of an estate for certain close relatives — typically children, and in some circumstances a spouse — regardless of what the deceased's will might otherwise state. This is a fundamentally different concept from the testamentary freedom that residents of countries like the US, UK, Canada, or Australia are generally accustomed to, where (subject to certain limited protections) you can typically leave your estate to whomever you choose.
If Spanish law applies to your succession by default, and you haven't made an explicit choice under EU Regulation 650/2012 to apply your nationality's law instead, your estate could be distributed in ways that don't match your actual wishes as expressed in a will drafted assuming a different legal framework.
Two Wills, Working Together
A common and often sensible approach for foreign residents or property owners in Spain is to maintain two wills: one covering assets and wishes under your home country's legal framework, and a separate Spanish will specifically covering Spanish-located assets, drafted with Spanish succession law (or your explicit choice of applicable law, under Brussels IV) properly accounted for.
When properly coordinated — and this coordination matters, since poorly drafted dual wills can inadvertently conflict with or revoke each other — this approach can provide clarity and efficiency for your heirs, avoiding the delays and complications that can arise from applying a single, home-country-drafted will to a cross-border estate.
Why This Isn't Just an Estate-Planning Nicety
Beyond the succession law questions themselves, having clear, well-drafted, Spain-specific estate documentation can significantly speed up and simplify the practical process your heirs face after your death — reducing translation and legalization requirements, minimizing ambiguity for the Spanish notary and registry processes involved in transferring assets, and generally making an already difficult time considerably less administratively burdensome for your family.
This Connects Directly to Inheritance Tax Planning
It's worth understanding that succession law (which governs how your estate is distributed) and inheritance tax (which governs what your heirs owe on what they receive) are related but legally distinct questions. Proper planning ideally addresses both together — understanding not just how your assets will be distributed, but what tax exposure your heirs will face as a result, since these two dimensions interact in ways that are easy to overlook if addressed separately.
Common Mistakes Foreign Residents Make
Assuming their home-country will automatically covers Spanish assets adequately. As covered above, this isn't necessarily incorrect, but it often creates unnecessary complications compared to a properly coordinated approach.
Not making an explicit choice of applicable law under EU Regulation 650/2012. Without this explicit choice, Spanish succession law (including forced heirship rules) may apply by default in ways that don't match your actual wishes.
Drafting a Spanish will without properly coordinating it with an existing home-country will. Poorly coordinated dual wills can create genuine conflicts or unintended revocations, undermining the very clarity this approach is meant to provide.
Waiting until a health crisis or advanced age to address this. Like most estate planning, this is far easier — and far less emotionally fraught — to address calmly and proactively, rather than reactively under pressure.
Not revisiting the plan after major life changes. A will drafted years ago may no longer reflect your current asset picture, family situation, or wishes, particularly if you've acquired significant new Spanish assets since it was made.
What Foreign Residents and Property Owners Should Do
- Review your existing will (or lack of one) to understand whether and how it addresses Spanish-located assets specifically.
- Consider making an explicit choice of applicable law under EU Regulation 650/2012, based on advice about which framework genuinely serves your actual wishes and family situation.
- If appropriate, prepare a properly coordinated Spanish will covering Spanish assets specifically, ensuring it works alongside — not against — any existing home-country will.
- Understand the inheritance tax implications of your planning choices, not just the succession law questions, since these interact meaningfully.
- Revisit your plan periodically, especially after acquiring significant new assets or experiencing major family changes.
Estate planning is rarely anyone's favorite task, which is exactly why so many cross-border families put it off until it becomes urgent. A proper, coordinated plan — addressed calmly, well in advance — is one of the most genuinely valuable things you can do for the people who matter most to you.
This article is for general informational purposes and does not constitute legal advice. Succession law is highly fact-specific and depends on individual circumstances. For guidance specific to your situation, consult a qualified lawyer familiar with Spanish and cross-border succession law.
Sources and references
This article was prepared by the CarWay Migrate legal team using the following official sources. Requirements change, so confirm current rules before acting:
- Reglamento (UE) 650/2012 sobre sucesiones internacionales
- Código Civil español — derecho de sucesiones (BOE)
- Consejo General del Notariado — testamentos
Related reading
Need this reviewed for your own case? CarWay Migrate is a Spanish immigration and tax law firm working with English-speaking clients across Spain. Book a consultation and we will look at your specific situation.
Further English-language reading consulted while preparing this article: Movewise — estate planning for residents in Spain · Expatica Spain — wills and inheritance guides · Balcells Group — succession law notes.