If you own a home in Spain, you may have heard that you “must” have a Spanish will. It is not quite that simple. But in some situations, a Spanish will can make the practical arrangements easier for those you leave behind.
The short answer
No, owning a home in Spain does not automatically mean you must have a Spanish will.
In some situations, though, a Spanish will can make the practical arrangements easier. Rather than starting with whether you need one will or two, start with what suits your family and your assets.
Practical information – not legal advice
SolPiso is not a law firm. This article provides practical information, not individual legal or tax advice or a will template. Ask a qualified lawyer or notary to assess your circumstances.
Will the Spanish state take my home if I do not have a Spanish will?
No. Your home does not automatically pass to the state because you have no Spanish will. If there is no valid will, the applicable succession law determines who inherits.
Having no heirs entitled to inherit is a different situation, in which the state may inherit under the applicable rules. That is not the same as having no will drawn up in Spain.
Which country's succession law applies?
Under the EU Succession Regulation, the general rule is that the law of the country where the person was habitually resident when they died governs the inheritance. In everyday terms, this concerns where you actually have your settled life, not just your registered address.
You can also choose in a will the law of a country whose nationality you hold when making the choice or when you die. If you have more than one nationality, you can choose one of those countries' laws. The choice covers the inheritance as a whole, not just the Spanish property.
Example
A Swedish citizen living permanently in Sweden who owns a home in Spain: Swedish succession law may still govern the whole inheritance, including the Spanish home. The property's address alone does not determine the applicable law.
Ask your adviser whether a choice of law is appropriate and how to word it. Exceptions and your family circumstances may affect the assessment.
Sweden and Finland participate in the EU Succession Regulation, but Denmark and Ireland do not. Norway and Iceland are outside the EU. If you have ties to several countries, your adviser needs to consider how the rules interact.
Choosing a law is not choosing a tax system
The succession law that applies is separate from inheritance tax. Spouses' ownership and matrimonial property arrangements also need separate consideration.
Do you already have a Swedish will?
That is a good place to start. A Swedish or other foreign will does not automatically become invalid because you own assets in Spain. Your adviser does, however, need to check its validity and how it can be used in your case.
If you make a new will in Spain, the documents must work together. The new one should not accidentally revoke the old one or create conflicting instructions. Show your adviser any amendments and other relevant agreements too.
Important
Do not make a new Spanish will without showing your adviser the will you already have.
Why might a Spanish will still be practical?
Often, the aim is to make documents clearer and easier to find for those handling the inheritance. A will made before a Spanish notary is kept by the notary, who reports details to Spain's register of wills.
Depending on the circumstances, it may:
- Make it easier to locate the will and the right notary's office in Spain.
- Help with the practical administration of Spanish assets.
- In some cases, reduce the need to first clarify foreign testamentary documents.
- Clarify your wishes for assets in Spain, within the applicable rules.
Foreign documents and translations may still be needed. A Spanish will guarantees neither lower tax, a quicker estate settlement nor a particular outcome.
One will or two?
Two are not automatically better than one. Your adviser needs to assess whether multiple wills would help in your case and, if so, how to coordinate them.
What is a European Certificate of Succession?
After a death, the certificate can be used to show, for example, who is an heir or who is entitled to represent the estate in another participating EU country.
In Sweden, Skatteverket issues it when the conditions are met. There may be a waiting period and processing time. The certificate does not apply in Denmark or Ireland.
How do you usually make a will in Spain?
A common option is an open will before a notary, known as a testamento abierto notarial. The process usually looks roughly like this:
- Put together an overview of your life.
Family, nationality, habitual residence and assets in different countries.
- Show previous wills.
Bring all versions and amendments so your adviser can coordinate them.
- Have the wording prepared.
The adviser or notary considers your wishes and what the law allows.
- Read and understand.
Check the details and ask about anything unclear. Discuss language support or an interpreter in advance.
- Sign before the notary.
The notary checks your identity and that the formal requirements are met.
- Keep a copy and contact details.
The notary retains the original. Tell your family where to find the details.
Useful things to have ready before booking
You do not need a perfect folder of documents. Start with what you have and ask the notary's office to confirm what your particular case requires.
- A valid passport or another ID document accepted by the notary.
- Your NIE, if requested.
- Details of marital status and family, including children from previous relationships.
- Existing wills and amendments.
- An overview of the property, ownership shares and other assets.
- Information about loans and debts.
- Details of the language you understand and whether an interpreter may be needed.
Check before ordering
Do not order expensive translations, certificates or apostilles before your adviser confirms what is actually needed.
Would you like a partner to be able to remain in the home? Raise that specifically. Do not assume your partner automatically inherits the whole property; ownership, family circumstances and the applicable succession law need to be considered together.
More practical reading
Succession law and inheritance tax are two different questions
The law governing the inheritance does not automatically determine how much tax is payable. Choosing Swedish succession law does not, in itself, remove any Spanish inheritance tax.
Spanish inheritance tax may depend on factors including:
- Where the deceased and the recipient were resident.
- Which assets are in Spain and their value.
- The relationship between the deceased and the beneficiary.
- Which regional rules can be applied.
Ask for an assessment for each recipient and a separate estimate for notary fees, advice and any translation. Making a will and later administering an estate are different tasks.
Common misconceptions
- “The Spanish state will take my home if I have no Spanish will.”
No. The absence of a Spanish will does not make the state an heir. The applicable succession law determines who inherits.
- “A Swedish will is never valid in Spain.”
That is not correct. Validity and the necessary documents must be assessed in each case.
- “Choosing Swedish succession law means I avoid Spanish inheritance tax.”
No. Choice of law and tax are separate questions.
- “Two wills are always better than one.”
Not necessarily. They can conflict if they are not coordinated.
- “I can use a standard template without legal review.”
A template can overlook formal requirements, relatives' reserved shares and cross-border issues. Ask a knowledgeable adviser to review your circumstances.
Sources and checks
Official sources checked in September 2026. Rules and individual circumstances may change. These links are for further reading and preparing questions for your adviser.
Succession law and choice of law
European Certificate of Succession
Notaries, documents and safekeeping
What is the next step?
Do you own property or other assets in Spain? Start by gathering your existing documents and ask a lawyer or notary experienced in cross-border succession to assess your individual circumstances.
You do not need to understand the law before booking. Bring your questions about your family, the home and the documents you already have.
More practical steps, at your pace
SolPiso is not a law firm, but we help you understand which practical questions to take further and bring together guides for property owners in Spain.
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