Do I need a Will?
Yes, if you own property.
It is a slow and expensive process to obtain probate if you die intestate. Your heirs will need to get your Spanish property transferred to their names; the process is much simpler if there's a Will. If there is no Will registered at the
Registro de Actos de Ultima Voluntad,
then in the worst case, your property will pass to the local and regional government. Is Spanish law applicable to my property?
When a foreign property owner dies with no Will (intestate),
Spanish law must be applied to their Spanish assets as a result. Be aware that this differs from countries such as the UK. The deceased in Spain must leave two thirds of their estate to their compulsory heirs.
If however the property owner makes a Will, they can bequeath their Spanish assets to anyone they please as long as the laws of their home country permit this. The Spanish Civil Code states that the assets that the foreign deceased had in Spain at the time of their death will be governed not by Spanish law but by their own national law.
What assets does my Spanish Will cover?
The Will you make only covers those assets located in Spain.
You will need another Will to cover any assets that you have in other countries. You must make sure that there are no
conflicts between your Wills.