Will of foreigners and will made in a foreign country
Continuing with our series of articles related to the management of wills and inheritances, we want to explain certain issues related to the wills of foreigners residing in Spain and wills made in foreign countries. If you want to know what validity they have, we explain it to you below.
Is it possible to make a will from abroad?
Yes, there is the option to grant a will made in a foreign country that is valid in Spain. In fact, there are several options to formalise it:
- Grant a will before the Spanish consul, who acts with notarial functions.
- Grant it before a foreign notary, provided it meets the formal and substantive requirements demanded by the applicable legislation.
- Or travel to Spain and sign it at any notary’s office.
In any case, it is advisable to consult a Notary beforehand to guarantee the international validity of the document.
Practical example: a Spaniard resident in Germany can grant a will made in a foreign country before a German notary. Subsequently, upon death, their heirs must prove the formal validity of that foreign will in Spain.
Can I grant a will in Spain over assets abroad?
Yes. A person can grant in Spain a will that includes assets located outside the country. It is a common practice in notary offices, especially in cities with international residents. It is known as a will of foreigners residing in Spain.
The key is to take into account the applicable legislation in the country where the assets are located, as it may require certain additional requirements. Sometimes it is advisable to make a specific will in that country, but other times it is enough for the Spanish will to include them.
Practical example: a Spanish citizen with an apartment in France can dispose of it in their will granted in Barcelona. Their heirs must also comply with the requirements of French legislation when registering the inheritance there.
Can a foreigner make a will in Spain?
Yes. Foreigners, both residents and non-residents, can make a will at any Spanish notary. This will can refer solely to the assets they have in Spain, or it can cover both Spanish assets and those they own abroad.
It is highly advisable that the testator informs the notary about the law applicable to their succession, in accordance with the European Succession Regulation (Regulation 650/2012). In most cases, they can choose either their national law or the law of their habitual residence. This choice prevents later conflicts and ensures that the will is fully effective.
JLA Notaries, Notary specialising in wills
In short, both foreigners residing in Spain and Spaniards with assets abroad have different alternatives to grant a valid will, either at a Spanish notary or before authorities abroad. The most important thing is to know the applicable legislation and to have the advice of a Notary specialising in wills who guarantees the international effectiveness of the document and avoids future succession problems.
At JLA Notarios, Notary in Barcelona, we can guide you through every step of your procedure. Do not hesitate to make an appointment with us either by e-mail, through the contact form on our website or by visiting us at our office on Avenida Diagonal in Barcelona.
Learn more about this notarial document in our article where we answer frequently asked questions:
