Spanish Will for British Property Owners: Why You Need One and What It Costs (2026)
A client we worked with a couple of years ago bought an apartment in Estepona, went home to Yorkshire, updated her UK will to include the Spanish property, and assumed everything was covered. When her husband passed away eighteen months later, the family spent four months and roughly €1,900 in additional legal costs getting the UK grant of probate apostilled, translated into Spanish by a sworn translator, and processed through the Spanish courts before the property could even begin to change hands. The flat sat empty during that entire period. The mortgage company sent letters. The family was stuck in a bureaucratic loop across two countries, grieving and exhausted.
A Spanish will would have cost around €450 and reduced the probate timeline from four months to approximately six weeks.
This is not an unusual story. It is, however, an entirely avoidable one. Here is what every British property owner in Spain actually needs to know.
Why Your UK Will Is Not Enough
Your UK will is a valid legal document. In the right circumstances, Spain will recognise it. The problem is the process required to make that recognition happen, which takes time and money at the worst possible moment.
To use a UK will in Spanish probate proceedings, your heirs must:
- Obtain the UK grant of probate (or Scottish confirmation)
- Have it apostilled by the Foreign, Commonwealth and Development Office (FCDO) in Milton Keynes
- Commission a certified Spanish translation from a sworn translator (traductor jurado)
- Have the translation notarised or legalised
- Submit the entire package through Spanish courts or a gestor
The apostille costs around £10-15. The sworn translation typically costs €300-600 for a grant of probate document. Add gestor fees of €500-800 and you are looking at €800-1,400 in additional costs on top of the normal UK probate expense, plus three to six months of delay. During that period your Spanish property is legally frozen.
A separate Spanish will, executed before a Spanish notary and registered with the Central Wills Registry, eliminates all of that.
The EU Succession Regulation: The Rule That Protects You
Since August 2015, EU Succession Regulation No 650/2012 (commonly called Brussels IV) has governed how cross-border estates are handled within EU member states. Spain continues to apply these rules to UK nationals post-Brexit.
The default rule is this: the law of your country of habitual residence governs your succession. If you live in the UK, UK law applies. If you move to Spain permanently and become habitually resident there, Spanish law applies automatically. That includes Spanish forced heirship rules, which limit how freely you can distribute your estate.
The Article 22 election. Brussels IV allows you to choose the law of your nationality to govern your entire estate instead. For British nationals, that means English and Welsh law (or Scottish, or Northern Irish, depending on your domicile). You make this election by including a short clause in your will: “I elect that the law of England and Wales shall govern the succession to all my assets.”
This single clause is often the most important thing a Spanish will does. It means that even if you retire to Spain full-time and become habitually resident there, Spanish forced heirship rules cannot override your wishes.
Spanish Forced Heirship: What It Is and Why It Matters
Spanish succession law reserves a portion of your estate for certain heirs, regardless of what your will says. This is called the legítima, and it applies automatically unless you make a valid law-of-nationality election.
Under the Spanish Civil Code (Articles 806-840), your children are collectively entitled to two-thirds of your estate: one-third is compulsory and must be divided equally among all children, and one-third (the mejora) can be distributed among children at your discretion. Your surviving spouse receives the right of use (usufruct) over one-third.
In practice, this matters most in two situations:
- Blended families. If you have children from a previous relationship and want to leave your Spanish property entirely to your current partner, Spanish law may prevent this unless you structure things carefully.
- Full-time residents. British buyers who eventually retire to Spain and become habitually resident there will find Spanish law applies to their entire estate unless they made an Article 22 election in advance.
Making a Spanish will with the Article 22 election locks in English law as the governing law, regardless of where you live when you die.
What a Spanish Will Actually Costs
Spanish wills are considerably cheaper than most people expect. Here is the realistic breakdown.
Notary fee: Fixed by government tariff. For a standard open will (testamento abierto), the notary fee typically runs €30-100 depending on document length.
Lawyer drafting fee: The notary takes the instruction, but a qualified Spanish abogado drafts the document and advises you on the Article 22 election, asset descriptions, beneficiary names, and executor appointments. This typically costs €200-600. Many English-speaking firms in the Estepona and Marbella area offer fixed-fee packages at €300-450 all-in.
Central Registry registration: The notary handles this automatically. No extra cost.
Total out of pocket: typically €300-800 for a straightforward will. For a couple making coordinated wills, budget €500-1,000 total.
Set against €800-1,400 in extra probate costs if your heirs are left navigating a UK will through the Spanish courts, plus the months of delay, it is a straightforward calculation.
Spanish Will vs UK Will: What Each Should Cover
The cleanest solution for most British property owners is to have both, but with clear scope boundaries in each document.
| Spanish Will | UK Will | |
|---|---|---|
| Covers | Spanish assets (property, Spanish bank account) | UK assets (property, investments, ISAs, pensions) |
| Governing law | English law (via Article 22 election) | English law |
| Probate route | Spanish notarial process (straightforward and fast) | UK probate (standard timeline) |
| Registered centrally | Yes – RGAUL | No UK central registry exists |
| Typical timeline from death | 6-8 weeks | 6-12 months for UK probate alone |
When you have a Spanish will, it must explicitly state that it covers only your Spanish assets and does not revoke your existing UK will. Your abogado will include this wording as standard, but it is worth confirming. Without it, a new will typically revokes all prior wills by default, which is not what you want.
The Central Registry of Wills (RGAUL)
Every Spanish will executed before a notary is automatically registered with the Registro General de Actos de Última Voluntad (RGAUL), based in Madrid. There is no equivalent system in the UK.
When you die, your heirs follow this process:
- Obtain a death certificate (acta de defunción) from the Spanish civil registry
- Wait 15 working days, then submit the certificate to the RGAUL to request a certificate of last wills (certificado de últimas voluntades)
- The RGAUL certificate confirms whether a will exists and names the notary who holds the original
- Heirs contact that notary, obtain a certified copy, and begin the inheritance process (aceptación de herencia)
The whole chain from RGAUL request to notarial inheritance acceptance typically takes six to eight weeks. It is well-understood, well-practised, and not particularly expensive when everything is in order.
Without a Spanish will registered on the RGAUL, heirs must prove succession via foreign law. That is when the UK will, apostille, sworn translation, and Spanish court recognition process begins.
How to Get a Spanish Will If You Live in the UK
You do not need to be in Spain to get the process started, but you do need to sign in person before a notary at some point. Here is the practical route.
Step 1: Instruct an English-speaking Spanish abogado. Many qualified Spanish lawyers work cross-border and are experienced with British buyers. They can advise remotely, draft the will based on information you supply, and explain your options clearly. Expect an initial consultation fee of €100-200, sometimes waived for existing property purchase clients.
Step 2: Provide the necessary information. You will need your full name and date of birth, NIE number (see our NIE number guide if you do not yet have one), details of all Spanish assets, names and dates of birth of intended beneficiaries, executor details, and your current UK will if the lawyer needs to check for conflicts.
Step 3: Sign in person. You have two practical options:
- Sign in Spain on your next visit. Most Costa del Sol firms can arrange notary appointments at short notice. The signing itself takes 20-40 minutes. This is the fastest route for most buyers.
- Sign at the Spanish Consulate General in London. The Consul General can act as a notary for this purpose. However, appointment availability is limited and waiting times often run 8-12 weeks. Not the right choice if you want this sorted before your next trip.
Step 4: The notary registers the will. You receive a certified copy to keep at home and share with your UK executor. The notary files the original and submits the registration to the RGAUL automatically.
If You Die Without a Spanish Will: What Your Heirs Face
The full picture for heirs dealing with a UK-only estate in Spain:
- Apply for and obtain a UK grant of probate or confirmation
- Obtain an apostille from the FCDO (currently a few weeks’ wait)
- Commission a sworn translation into Spanish (€300-600, 2-3 weeks)
- Instruct a Spanish gestor or abogado to file the translated documents with the Spanish courts
- Wait for Spanish recognition of the foreign probate grant
- Begin the inheritance process
Total additional time: three to six months. Total additional cost: €1,000-2,000 on top of normal UK probate fees.
If you were also habitually resident in Spain at the time of death and there is no Article 22 election on record, Spanish intestacy rules apply to your estate, which may conflict entirely with your UK will.
Joint Ownership: One More Reason Not to Delay
If you and your partner own a Spanish property jointly, the surviving partner does not automatically inherit the deceased’s share. Spanish law does not recognise joint tenancy with right of survivorship in the same way English law does. The deceased’s share must pass through succession, whether testate or intestate.
A Spanish will makes this process significantly smoother and faster. Without one, the surviving partner faces exactly the same UK-will-via-apostille delay described above, while also dealing with everything else that comes with bereavement.
Spanish Inheritance Tax: Already Covered in Andalusia for Most Families
One thing that is not a major concern for most British buyers in the Costa del Sol region is the inheritance tax bill itself. Under current Andalusian law, spouses and children (Groups I and II) receive a 99% reduction on Spanish inheritance tax (Impuesto sobre Sucesiones y Donaciones). On a €400,000 property passed to a spouse or child, the actual tax due is typically under €500.
For a full breakdown of how inheritance tax works in practice, including worked examples and details on who qualifies for the Andalusian reduction, see our Spanish inheritance tax guide for British property owners.
The takeaway: the reason to get a Spanish will is not primarily about tax. It is about speed, cost, and making sure your wishes are followed.
How to Find the Right Lawyer
When choosing a Spanish abogado to draft your will, look for:
- Membership of a Spanish Bar Association (Colegio de Abogados) and evidence of this on their website
- Specific experience with succession and inheritance law (derecho sucesorio)
- Clear English-language communication and transparent fixed fees
- A willingness to explain the Article 22 election and its implications for your situation
Avoid using the developer’s own lawyer or a general conveyancer who does not specialise in succession. For a document as important as a will, specialist advice is worth the extra cost.
We are happy to point you in the right direction based on where your property is on the Costa del Sol. Whether that is Estepona, Marbella, Mijas Costa, or further afield, we know which firms have a solid track record with British clients.
Next Step
If you own property in Spain and do not have a Spanish will in place, this is worth sorting before your next trip. It takes one appointment, costs a few hundred euros, and means your family never has to deal with a cross-border probate headache.
For everything else you need to know about buying and owning property in Spain as a British national, our step-by-step buying guide covers the full process from NIE numbers to notary fees to what happens after completion.
Ready to find the right property first? Tell us what you are looking for and we will put together a shortlist, including off-market options our network sees first.
This guide is for information only. Always take advice from a qualified Spanish abogado on succession planning. Tax rates and succession rules can change, and your situation will depend on your assets, residency status, and family circumstances.
