You can write your own will in Spain, but there are strict rules around how certain types of Spanish wills must be prepared. For that reason, doing it yourself isn’t always easy. One possibility is a holographic will. This is a will written entirely by hand by the person making it. It must also be dated and signed. A typed document that you simply print and sign would not meet the requirements for this type of will. Spanish Civil Code provisions set out specific formal requirements for a holographic will, including that it must be entirely handwritten, signed and dated.
Do I Need to Use a Notary?
The most common way to make a will in Spain is through a notary. With an open will, the notary draws up the document and keeps it within their official records. The existence of a notarial will is also recorded in Spain’s General Register of Wills, making it easier to establish that a will exists after someone dies. A notary also has a legal role in ensuring that the document reflects the person’s wishes while complying with the relevant law. If you live in the UK but own assets in Spain, you can make a Spanish Will without travelling to Spain.
Spain’s Ministry of Justice explains that the General Register of Acts of Last Will records wills so their existence can be established after the testator’s death.
Is a DIY Spanish Will a Good Idea?
Being allowed to write your own will and it being the best option are two different things. Spanish inheritance law can be complicated, particularly if you own property in Spain but live elsewhere or have assets and beneficiaries in more than one country. Spain also has different inheritance laws in some autonomous communities, so the rules that apply can depend on your circumstances and connections to a particular part of the country.
A Spanish will can make dealing with Spanish assets considerably easier, but only if it has been prepared correctly. If there is any uncertainty over inheritance law or how your estate should be divided, getting professional advice when making the will can prevent much bigger problems for your beneficiaries later. This can be particularly useful if you own Spanish property while continuing to live in the UK.
Read more information on Spanish wills, Spanish probate and dealing with Spanish inheritance regulations.
For help with Spanish probate, contact Spanish Probate Matters on 020 8150 2010.
