Spanish wills for foreigners: complete guide to inheritance and succession in Galicia

Why every foreign property owner in Spain needs a will

If you own property in Galicia, you need a Spanish will. It is the most effective and economical way to protect your heirs and save them from a lengthy, costly and complex succession process. Without a will, the inheritance will be processed under Spanish intestate succession law, which can cause delays of months or even years, especially if your heirs live abroad.

Many foreigners believe their British, German or French will automatically covers their Spanish assets. Whilst a foreign will can have effect in Spain, the process of legalisation, translation and apostille turns the procedure into a bureaucratic nightmare. A Spanish notarial will costs between €50 and €100 and saves your heirs thousands in legal and administrative fees.

Key fact: In Galicia, the 99% reduction in Inheritance Tax for Group I and II heirs (children, spouse, parents) makes this region one of the most advantageous in all of Europe for inheriting property.

Types of wills in Spain

Spanish legislation recognises three main types of will:

For foreigners with real estate assets in Galicia, the open notarial will is by far the best option. It is secure, easy to locate after death (the Registry of Last Wills in Madrid records it automatically) and has minimal cost.

The Spanish legitimate portion: forced heirship rules

Spanish civil law (and Galician law) establishes that certain heirs are entitled to a minimum portion of the inheritance, called the legítima. This differs significantly from Anglo-Saxon law, where testamentary freedom is virtually total.

Under common Spanish civil law, the inheritance is divided into three thirds:

• Legitimate third: distributed compulsorily among all children equally. You cannot freely dispose of this portion.
• Improvement third: you can allocate it to improve the share of one or more children, but only among descendants.
• Free disposal third: you can leave it to whomever you wish (friends, NGOs, unmarried partner, etc.).

If you have no children, the legitimate portion is reduced to one third for the spouse and another third for parents/ascendants.

The 99% inheritance tax reduction in Galicia

Galicia applies a 99% reduction in the Inheritance and Gift Tax for Groups I and II. This means inheriting a €200,000 apartment in Fisterra from your mother would cost only about €200 in tax. In other regions like Asturias or Aragón, the bill could exceed €15,000.

For non-resident heirs, the 99% reduction applies as long as they are EU or EEA citizens. After Brexit, British heirs can still apply the reduction provided they prove the deceased had tax residency in Galicia.

Bilateral wills: having a will in Spain and your home country

It is perfectly possible and recommended to have two wills: one in your home country for assets there and another in Spain for your Galician real estate. However, certain precautions are necessary:

1. Do not include a general revocation clause in either will that could affect the other.
2. Specify clearly in each will that it refers only to assets in that country.
3. Coordinate both wishes to avoid contradictions between the Spanish and foreign will.
4. Update both when circumstances change (marriage, divorce, birth of children).

Tip: Some notaries in A Coruña and Santiago de Compostela speak English and have experience with international wills. Book an appointment and bring a copy of your UK will to coordinate both documents.

The notarial process: step by step

The process for granting an open will at a Galician notary is remarkably simple:

1. Book an appointment with a notary in Galicia (A Coruña, Santiago, Cee, etc.). You do not need to be a resident.
2. Attend with your passport or ID/NIE. No further documentation is needed, though bringing the nota simple of your property is useful.
3. Explain your wishes to the notary. They will draft the will in accordance with Spanish law and your wishes.
4. Sign the will. The notary keeps the original (protocol) and gives you a simple copy.
5. The notary communicates the will to the General Registry of Acts of Last Will in Madrid within 15 days.

Total time: 30-60 minutes at the notary. Total cost: €50-100. One of the quickest and most affordable procedures in the Spanish legal system.

Intestate succession: what happens without a will

If you die without a will (intestate), Spanish law determines who inherits according to a strict order:

1. Children and descendants: have absolute priority. They inherit everything equally.
2. Parents and ascendants: if there are no children, parents inherit. The spouse has usufruct rights over one third.
3. Spouse: if there are no children or parents, the spouse inherits.
4. Siblings and nephews: if there is no spouse or ascendants/descendants.
5. Spanish State: if no living relatives exist.

For unmarried couples, the situation is particularly delicate: without a will, the partner inherits nothing. If you own a house in Camariñas and live with your unmarried partner, a will is absolutely essential.

The European Succession Regulation and choice of law

Regulation (EU) 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions in matters of succession allows choosing the law of the country of nationality as the applicable law. This is crucial for foreigners with assets in Spain.

After Brexit, the UK is no longer covered by the Regulation, but Spain continues to apply its provisions so that testators can choose the law of their nationality.

Cost comparison: with will vs without will

A Spanish will saves your heirs between €1,500 and €4,000 and several months of procedures.

Common mistakes by foreigners with Spanish wills

• Not having a Spanish will: the most common and most costly mistake.
• Accidentally revoking the will: making a new foreign will with a general revocation clause.
• Not specifying the applicable law: allows Spanish law to apply by default, including forced heirship rules.
• Not updating after family changes: marriage, divorce, birth of children.
• Ignoring inheritance tax: even with Galicia's 99% reduction, you must file within the 6-month deadline.
• Not registering the inheritance: after accepting, you must register at the corresponding Property Registry.