El blog de Maria

5 Problems You Avoid When You Make a Spanish Will

If you own property or any assets in Spain, making a Spanish will is one of the smartest and simplest steps you can take to protect your loved ones. Many foreigners assume their home-country will is enough—until their family faces delays, paperwork and unexpected complications.

Here are the five major problems you avoid when you have a proper Spanish will:

1. Long, expensive and stressful inheritance procedures

Without a Spanish will, your heirs will need sworn translations, apostilles and extra documents from abroad. This often causes significant delays, higher costs, and more stress at the worst possible moment.

A Spanish will avoids:

• Months of extra bureaucracy

• Compulsory translations and legalisations

• Higher notary and legal fees

2. Confusion about which law applies to your estate

Spain has forced-heirship rules (“legítima”), which can limit how freely you distribute your assets. With a Spanish will, you can usually choose the law of your nationality, giving you more control and avoiding legal disputes.

A Spanish will avoids:

• Forced application of Spanish heirship rules

• Uncertainty for spouses or partners

• Conflicts between heirs or between legal systems

3. Problems with banks, the Land Registry and Spanish authorities

Spanish institutions follow local procedures. If your only will is foreign, banks and registries may require extra proof before releasing funds or accepting documents.

A Spanish will avoids:

• Accounts being frozen longer than necessary

• Refusals to accept foreign documents without extra steps

• Repeated requests for paperwork your heirs don’t understand

4. Higher inheritance tax for your heirs

A well-designed Spanish will can help structure your estate in a more tax-efficient way, taking advantage of regional allowances and reducing the taxable amount.

A Spanish will avoids:

• Paying more inheritance tax than needed

• Missing out on regional allowances

• Unnecessary tax burdens for your spouse or children

5. Delays and complications at a very emotional time

When someone dies with assets in Spain and no Spanish will, families often face confusion, legal uncertainty and long waits before anything can move forward.

A Spanish will avoids:

• Long delays in accessing property or funds

• Disputes among heirs

• Added emotional strain during an already difficult moment

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