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Wills in Spain for French nationals

When a succession involves Spain, the question of the will is decisive. Whether it is drawn up in France or in Spain, a will may have a direct impact on the applicable law, the distribution of assets and the conduct of succession procedures.

Testament en Espagne pour les ressortissants français

The firm assists French nationals in securing their succession arrangements in compliance with Spanish law and European rules.

Why the will is a central element in Spain

A will makes it possible to organise the transfer of assets and, in certain situations, to choose the law applicable to the succession.
Where real estate or patrimonial interests are located in Spain, the existence, date and content of the will must be analysed with particular care.
An inappropriate or outdated will may give rise to significant legal and practical consequences for the heirs.

Is a French will valid in Spain?

A will drawn up in France may be recognised and produce its effects in Spain, subject to certain conditions.
It is nevertheless necessary to verify:

  • its formal validity,
  • its registration,
  • its compatibility with the rules applicable in Spain,
  • its interaction with Spanish law and the European Regulation on successions.

This assessment must be carried out on a case-by-case basis, particularly where the will is old or was drafted prior to the entry into force of the European Regulation.

Will and law applicable to the succession

General principle

Since the entry into force of the European Regulation on successions, the law applicable to a succession is, in principle, the law of the habitual residence of the deceased at the time of death.

Choice of national law

The deceased may, by will, opt for the application of the law of his or her nationality. This choice must be expressly stated or clearly inferred from the provisions of the will.

Practical consequences

The choice, or absence of choice, of applicable law may have an impact on:

  • the rights of the heirs,
  • the rules governing forced heirship,
  • the scope of the surviving spouse's rights,
  • the organisation of the division of the estate.

A prior analysis helps to avoid inconsistencies between the will and the deceased's actual situation.

Is it necessary to draw up a will in Spain?

Drawing up a will in Spain may be recommended where:

  • the deceased is habitually resident in Spain,
  • real estate assets are located in Spain,
  • the succession situation is cross-border,
  • a choice of law needs to be clearly expressed.

In Spain, wills are most often drawn up before a notary and registered.
Where a will is registered in Spain, it is in principle not necessary to execute a deed of notoriety prior to accepting the succession.

Deed of notoriety and will

The deed of notoriety is a notarial instrument used to identify the heirs and their respective rights.
In Spain, it is executed in the city of the deceased's last residence or in a neighbouring city, in the presence of witnesses. Where a registered will exists, the execution of a deed of notoriety is generally not required.
A deed executed in the country of the deceased's habitual residence may also be recognised in Spain.

When should an existing will be reviewed or adapted?

It is recommended to review a will in particular where:

  • the testator's tax residence has changed,
  • a real estate asset has been acquired in Spain,
  • the family situation has evolved,
  • the will predates 17 August 2015,
  • the patrimonial situation has become cross-border.

Timescales and procedures for a will in Spain

Drawing up a will in Spain follows a structured process:

  • Prior analysis of the situation (specifying the person you wish to protect, existence of children from another relationship, matrimonial property regime, choice of civil law, etc.): 48 hours after receipt of information and documents
  • Drafting of the will project: 1 working day
  • Appointment with Spanish notary: 30 to 60 minutes for signature
  • Automatic registration in the Spanish Central Registry of Last Wills

Required documents

  • Valid identity document (identity card or passport)
  • NIE (Spanish tax identification number), if already obtained
  • Description of the relevant assets (geographical location of real estate and financial assets, family situation)
  • Copy of existing French will (or donation to the last survivor), if applicable

Link with succession in Spain

The will is only one element of the succession, just like the deed of notoriety. Its analysis must form part of a global approach taking into account:

  • the applicable law,
  • the assets concerned,
  • the notarial procedures,
  • and the tax obligations.

For further information, please see the page Inheritance in Spain.

Frequently asked questions about wills in Spain

Is a will drawn up in France valid in Spain?

Yes. A will drawn up in France may be recognised and produce its effects in Spain, provided that it meets the applicable validity requirements and is compatible with the rules arising from the European Regulation on successions. An analysis is nevertheless required to assess its concrete impact on the succession.

Is it mandatory to draw up a will in Spain?

No. It is not mandatory to draw up a will in Spain. However, in certain cross-border situations, establishing a will in Spain may help to secure the succession and clarify the applicable law.

Does an old will remain valid?

Yes, in principle. However, a will drawn up prior to 17 August 2015 may require a specific analysis, particularly in light of the European Regulation on successions and the current situation of the deceased.

Must the choice of applicable law be mentioned in the will?

Yes. For the law of the deceased’s nationality to apply, the choice must be clearly expressed in the will or result unambiguously from its provisions.

Is a deed of notoriety necessary where a will exists?

Not always. In Spain, where the will is registered, the execution of a deed of notoriety is generally not required. The situation nevertheless depends on the content of the will and the circumstances of the succession.

Does a will have an impact on inheritance taxation?

Not directly. The will organises the civil transmission of assets, but does not, in itself, determine the applicable taxation. Tax rules depend in particular on the location of the assets and the tax legislation in force.

Timescales and procedures for a will in Spain

Drawing up a will in Spain follows a structured process:

  • Prior analysis of the situation: 1 to 2 weeks after receipt of information and documents
  • Drafting of the will project: 3 to 5 working days
  • Appointment with Spanish notary: 30 to 60 minutes for signature
  • Automatic registration in the Spanish Central Registry of Last Wills

Required documents

  • Valid identity document (identity card or passport)
  • NIE (foreigner identification number), if already obtained
  • Description of the relevant assets (real estate in Spain, family situation)
  • Copy of existing French will, if applicable

Assistance with drawing up a will in Spain

The firm assists French nationals in drawing up wills adapted to their Franco-Spanish estate situation. This assistance enables anticipation of succession difficulties and secures the transmission of assets. The assistance includes the analysis of the personal, family and estate situation, the identification of the applicable law and possible options, the drafting of appropriate clauses in coordination with the Spanish notary, the verification of compliance with the European Regulation on successions, and coordination with an existing French will if necessary. For any question relating to drawing up a will in Spain, you may contact the firm to present your situation. An initial analysis enables identification of the available legal options, the procedures to be undertaken and the fees to be expected.

Contact the firm by completing this form or by calling (+34) 965 14 29 99

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