By Home Kare · 8 min read · Owner’s Guide
Most owners at Hacienda del Álamo never think about Spanish wills for non-resident owners — until a relative has to deal with one. A Spanish will isn’t legally required, but without one your home here can fall under Spanish forced heirship rules, where your children, not your spouse, may be first in line. The good news: European law lets you keep control. Here’s how it works and what to put in place.
~2/3Reserved for children under Spanish law
Art. 22Lets you choose your own national law
2015Brussels IV in force since August
6 mthsTo file Spanish inheritance tax
Do non-resident owners need a Spanish will?
Legally, no. Your existing home-country will can in principle cover your Spanish property. In practice, relying on it alone is what causes the delays, cost and stress for the people you leave behind.
A foreign will has to be translated, apostilled and accepted by a Spanish notary before anything can move — months of friction at the worst possible time. A short Spanish will covering only your Spanish assets is inexpensive, sits on the Spanish register, and lets your heirs deal with the property quickly.
The forced heirship trap
Spain is a civil-law country with forced heirship (the legítima). It reserves a large share of an estate — broadly two-thirds — for the deceased’s children, and gives a surviving spouse only a limited right. You cannot simply leave everything to your partner the way you might at home.
For a foreign owner this can override your actual wishes. If Spanish law ends up governing your estate, an English-style “everything to my spouse” will may be partly ineffective, and children — including estranged ones or those from a previous relationship — can inherit ahead of your partner.
Brussels IV: choosing your own law
This is where the EU Succession Regulation 650/2012, known as Brussels IV, changes everything. In force since 17 August 2015, it sets one rule for cross-border estates: by default, the law of your country of habitual residence at death governs your whole estate. Live mainly in Spain, and Spanish forced heirship applies by default.
But the regulation also gives you an opt-out, called a professio iuris: you can elect the law of your nationality instead, by stating it clearly in your will. For someone from England and Wales — a system with full testamentary freedom and no forced heirship — that restores complete control over who inherits.
💡 UK owners after Brexit: you can still use it
The UK opted out of Brussels IV, but Spain still applies the regulation to British nationals. A clause in your Spanish will electing the law of England and Wales (or Scotland, or Northern Ireland) is recognised by the Spanish authorities — so UK owners keep the freedom to leave their HDA home as they choose.
How to set it up properly
The mechanics are simple, but small mistakes undo them. The usual approach for an HDA owner looks like this.
- Make a Spanish will before a notary, covering only your Spanish assets.
- Include the choice-of-law clause electing your national law, if you want to avoid Spanish forced heirship.
- Coordinate it with your home-country will so the two cover different assets and don’t contradict each other.
- Keep both reviewed and up to date as your family, residence or assets change.
⚠️ Don’t let two wills cancel each other out
A common and costly error is a Spanish will and a home-country will that each claim to revoke “all previous wills.” Drafted carelessly, one can accidentally void the other. They must be written to work together — which is exactly why this is a job for a cross-border lawyer, not a template.
Own at HDA and need this sorted? We’ll point you to the right people.Talk to Home Kare →
One big limit: tax is separate
Brussels IV decides who inherits — not what tax is paid. Even if you elect English law for the succession, your Spanish assets still fall under Spanish inheritance and gift tax (Impuesto sobre Sucesiones y Donaciones, ISD), payable by your heirs.
The amount depends on the region and the relationship between you and your heirs, and the Region of Murcia applies its own reductions. The filing deadline is six months from the date of death, extendable to twelve with a surcharge. Because the tax can be significant and planning the liquidity to pay it matters, this is worth a conversation with a Spanish tax adviser well before it’s ever needed.
Frequently asked questions about Spanish wills for non-resident owners
Do I legally need a Spanish will if I own at HDA?
No, but it is strongly recommended. A Spanish will covering your Spanish property avoids the delay and cost of translating and validating a foreign will, and lets your heirs act quickly.
Can I leave my Spanish property to my spouse instead of my children?
Only if your succession is governed by a legal system that allows it. Under default Spanish law, forced heirship reserves most of the estate for children. Electing your national law under Brussels IV can restore that freedom.
Can British owners still use Brussels IV after Brexit?
Yes. The UK is outside the regulation, but Spain still applies it to British nationals, so a choice-of-law clause electing English, Scottish or Northern Irish law is recognised here.
Does choosing my national law reduce the inheritance tax?
No. Brussels IV governs who inherits, not the tax. Spanish inheritance tax still applies to Spanish assets regardless of which succession law you elect.
Will a Spanish will revoke my will back home?
It can if it isn’t drafted carefully. The two wills should be written to cover different assets and to work together, which is why cross-border legal advice matters.
Official sources: the full text of the EU Succession Regulation (No 650/2012) is published on EUR-Lex, and the UK government’s Living in Spain guidance covers wills and inheritance for UK nationals.
This article is general information and is not legal or tax advice. Succession and inheritance tax are complex, vary by nationality, residence and region, and change over time. Always take advice from a qualified cross-border lawyer and tax adviser before making or changing a will.
Own a home at Hacienda del Álamo and want your affairs in order? We’ll connect you with trusted cross-border lawyers who handle Spanish wills.Talk to Home Kare →