The short answer is yes, a legally executed UK will is valid in Spain under international law. However, relying solely on your UK will to deal with Spanish property or bank accounts is a practical nightmare that can cost your beneficiaries significant time and money.
Legal Validity vs. Practical Friction
Spain recognises foreign wills through the Hague Convention. But while your UK document is legally valid, administering it in Spain involves substantial administrative hurdles. Before Spanish authorities accept it, your executors must wait for a UK Grant of Probate, have all documents officially authenticated with a Hague Apostille, and pay for official sworn Spanish translations. This sequence often takes over six months, putting your heirs at risk of missing Spain’s strict six-month deadline to settle inheritance taxes without penalties. Further information about the Apostille process is available from the Hague Conference on Private International Law.
The Risk of Forced Heirship
Spanish succession law operates under a “forced heirship” system that automatically reserves two-thirds of an estate to children. Under EU Regulation 650/2012 (Brussels IV), British nationals have the right to choose the law of their nationality (English, Scottish, or Northern Irish law) to govern their succession instead. This gives you total freedom to leave your assets to whomever you choose. However, if your UK will lacks an explicit clause electing your national law, Spanish law could apply to your assets by default. The European e-Justice Portal explains how the EU Succession Regulation (Brussels IV) applies to international estates.
If you’re dealing with assets in Spain, our Spanish Probate service can guide you through every stage of the administration process.
The Best Protection
The cleanest solution is to draw up a separate Spanish will limited strictly to your assets in Spain. It must be drafted carefully, with a limited revocation clause, to ensure your UK and Spanish wills do not inadvertently revoke one another. A Spanish will bypass the need for UK probate translations, saving thousands of pounds and months of delays for your loved ones. Learn how a professionally drafted Spanish Will can simplify probate and protect your beneficiaries.
For help with Spanish probate, contact Spanish Probate Matters on 020 8150 2010.
