Rosa
Lawyer · Mallorca, Spain
- 1,612 cases handled · 64 in this service
- 17+ years in practice
- Speaks: English, Spanish
- Law, University of the Balearic Islands
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4.98(162 reviews)
Making a will in Spain (also last will and testament, testamento, will for foreigners or will for property abroad) is about deciding who receives your assets and under which law. It is meant for residents, for non-resident owners of a home or bank account in Spain, and for anyone asking whether an English will is valid in Spain or whether a Spanish will is needed. Some older lists and lawyer pages call this service “Make a last Will & Testament”.
A will made abroad can generally be valid in Spain, but using it for Spanish assets may require translation, an apostille and extra steps, which can slow things down for the heirs. Many foreign owners therefore sign a Spanish will for their Spanish assets, drafted so that it fits with the will from home and does not cancel it by accident.
Under EU succession rules, the law of the place of habitual residence applies by default, and a person can choose in the will the law of their nationality. This affects how Spanish forced heirship (legítima) applies. Regional civil laws can also differ. In Spain a will is usually made before a notary (testamento abierto) and the notary reports it to the central registry of last wills. See inheritance for what happens after a death.
It can be, as to form, but its use for Spanish assets may need translation and legalisation, and Spanish notaries and banks may ask for more. A lawyer can check the specific will.
Not always. Many foreign owners sign a Spanish will for Spanish assets, drafted to fit with the home-country will. It depends on assets, nationality and residence.
In many cases yes: EU rules allow a choice of the law of one's nationality, which has to be stated in the will. Details depend on the case.
The main ones are the open notarial will (testamento abierto), the closed will (cerrado) and the handwritten will (ológrafo), which needs court validation after death.
The heirs are set by law, through a declaration of heirs (declaración de herederos), and the process can take longer. See estate planning for wider planning.
Estimate the Spanish inheritance tax on your share — by the region whose rules apply, your relationship to the deceased and what you already own.
The result shows the reduction, the tax on the base, the multiplier, the region’s bonus and the tax to pay.
The tax is paid by each heir on their own share. An heir who lives in Spain pays on everything inherited, wherever it is; an heir who lives abroad pays only on what is in Spain — a home, money in Spanish banks, other Spanish assets.
Spain's regions set their own reductions and bonuses, and the difference is huge. Since 2021 a non-resident heir can use them too: the rules of the region where the deceased lived, or — when the deceased lived abroad — of the region with the largest part of the Spanish assets. In Madrid, Andalusia, Valencia, the Balearic and Canary Islands, Murcia and Galicia a spouse, children and parents pay little or nothing; Catalonia's bonus falls as the share grows. Brothers, sisters, nephews and nieces pay much more — a reduction of only about €8,000, a multiplier of 1.5882 or more, and a bonus in only a few regions — and an unmarried partner or a friend pays the most.
The share less the reduction of the heir's group is taxed by the scale (7.65% to 34% under the state rules), multiplied by a coefficient that grows with the kinship distance and with what the heir already owns, and then reduced by the region's bonus. The tax is due within 6 months of the death. A main home, a family business and a disability bring further reductions, so a Spanish lawyer checks the figures, the will and the deadlines.
1Your details
Where the deceased lived in Spain; if they lived abroad, where most of the Spanish assets are
After the debts and the funeral; a non-resident counts only what is in Spain
Your wealth before the inheritance — it raises the tax above about €400,000
2Your result
| Reduction for kinship group IITaxable base €284,000 | -€16,000 |
| Tax on the baseThe scale 7.65–34% | €51,387 |
| Madrid bonus 99% | -€50,873 |
| Inheritance tax | €514 |
An estimate for planning, not legal or tax advice. Figures checked 26 Oct 2026. Sources: Ley 29/1987 — the state rules and DA 2ª (BOE), Ministerio de Hacienda — regional taxes 2026, ch. IV (every region’s rules), Ministerio de Hacienda — what changed in 2026, ch. II, Comunitat Valenciana — Ley 5/2026 (DOGV).
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She was always very helpful, and I would recommend her.
Professional advice sorted out all my requests; I am very satisfied.
She was very professional and knowledgeable about the law, and also kind and empathetic when we discussed my options on a very personal point. The assistance was excellent and I would recommend her without hesitation.
The lawyer was extremely professional, remaining calm but friendly although the notary cancelled twice and the wait was long. I am very satisfied with the result.
The lawyer was friendly, knowledgeable, professional and helpful. He responded very quickly to our questions and needs. After drawing up our wills, he met us at the notary's office to finalise the documents and translate for us, so his English was perfect. He provided an excellent service and we would definitely recommend him.
Everything was explained very well in perfect English, and he was friendly yet professional. Excellent value; I would definitely recommend him.
The lawyer was amazing. She was so helpful, very detailed and informative, and very responsive. She made a challenging situation much easier to handle, and I am so glad I found her!
We were given excellent, professional service at all times and are delighted with the help we received. Many thanks.
I can recommend this highly and was very impressed. Brilliant, very professional service.
The lawyer provided us with excellent service as we relocated to Spain. He guided us through the NIE application and the subsequent switch to TIEs, assisted us through the purchase of our house and also helped us with our wills. We found his help invaluable. His approach was friendly and professional throughout, and his English was perfect. We would recommend him to anyone looking for English-speaking legal services.
The lawyer was fantastic and really made a difficult job straightforward. I would recommend him to anyone.
The service was excellent, the price very fair, the English fluent and the whole team utterly professional. I would readily recommend them.