For British expats living in Spain, estate planning is a crucial consideration.
Many ask us at PCC Legal: is my UK Will valid in Spain?
But cross-border inheritance laws add complexity to the process.
Without proper planning, Spanish inheritance laws may override your wishes, potentially impacting your beneficiaries.
This article will clarify whether a UK will is legally recognised in Spain, outline the necessary steps to ensure compliance, and explain whether drafting a separate Spanish will is advisable.
Under Spanish law, inheritance is generally governed by the national law of the deceased unless otherwise specified.
This principle allows British nationals to apply UK succession laws to their estate in Spain. However, this is only possible under EU Regulation 650/2012 (Brussels IV), which permits individuals to elect their home country’s law to govern their estate. Without this explicit choice, Spanish law may apply by default.
While a UK will can be recognised in Spain, it must adhere to certain legal formalities to ensure its validity and enforceability within the Spanish legal system.
Spain operates under a system of forced heirship [Link to PCC Wealth Article], meaning that a portion of an estate is automatically reserved for direct descendants, such as children. The right to a portion of the inheritance in Spain is called the “legítima”, and will apply even if the UK will states otherwise.
This differs significantly from the UK, where individuals have more freedom to distribute their assets as they see fit.
If no legal election is made for UK law to apply, Spanish law may override certain provisions in a UK will.
This can result in unintended distributions and conflicts among heirs, particularly if the UK will contradicts Spanish inheritance laws.
To ensure that a UK will is legally recognised in Spain, the following requirements must be met:
A UK national must clearly state in their will that UK law should govern their estate in Spain. Without this, Spanish inheritance rules may take precedence.
For a UK will to be valid in Spain, it must be:
A will made in the UK will be recognized in Spain if it also meets any of the following conditions:
Spain has a different probate system than the UK.
Heirs may need to obtain a Certificado de Últimas Voluntades (Certificate of Last Wills) from Spanish authorities, confirming the deceased’s registered wills.
If a UK will is not properly legalised, heirs may face delays and additional legal hurdles when executing the estate in Spain.
As we have seen, a UK will can be recognised in Spain, yet, drafting a separate Spanish will is often recommended for assets located in Spain. By drafting a Spanish will, you can benefit from the following elements:
A Spanish will should not replace a UK will but should complement it, ensuring seamless asset distribution across jurisdictions.
At PCC Legal, we recommend that if you have assets in Spain and want UK law to apply to your entire inheritance, the best approach is to then make two wills:
Failing to plan for your will properly can result in legal disputes, delays, and unintended tax consequences. Common mistakes we have seen at PCC Legal include:
Given the complexity of cross-border inheritance law, seeking expert legal guidance is essential. A solicitor specialising in international succession planning can ensure that your estate is structured correctly and that your will is both valid and enforceable in Spain.
Private Client Consultancy’s legal specialists can help you navigate these challenges, offering tailored advice on wills, probate, and inheritance planning for expats.
When asking is a UK Will valid in Spain, we have seen that it must meet specific legal requirements to be recognised.
Expats should take proactive steps to avoid legal complications, including ensuring the will is properly legalised, translated, and structured in accordance with their wishes.
For personalised advice on UK and Spanish wills, you can contact PCC Legal today for a free introduction call.
Our legal and Spanish inheritance law experts can guide you through the estate planning process, ensuring your assets are protected and distributed according to your wishes.
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