When Is a Foreign Will Valid for Inheritance in Spain?

A will signed abroad can be used to distribute an estate in Spain if it meets the formal requirements of the country where it was made and its provisions do not conflict with Spanish law, according to Laura Lobo, a lawyer specialising in family and estate matters. A will’s validity where it was signed does not, by itself, guarantee that it can be applied automatically in Spain.

One potential obstacle is Spain’s protection of forced heirs, who are legally entitled to receive a share of an estate. Lobo points to the contrast with England and Wales, where there are no equivalent forced-heirship shares and people have broad freedom to decide who inherits. A will that does not recognise heirs protected under the rules applicable in Spain may therefore encounter problems when used there.

The law governing a succession is a separate question from whether the will itself is valid. Lobo says that, under European succession rules, the law of the deceased person’s habitual residence generally applies, subject to exceptions. For example, she says that Spanish law would govern the estate of a British citizen who had lived in Spain for 20 years, with property and their centre of interests there. The foreign will would need to be legalised in Spain and applied in line with Spanish law.

The rules also allow a person to choose the law of their nationality in a will. Lobo gives the example of a British citizen living in Spain who formally selects English law. For Spaniards moving abroad, she recommends stating in their wills that they want Spanish law to govern, particularly if the country where they live does not recognise forced-heirship rights.

Estates involving countries outside the European Union, including Argentina, Colombia and Venezuela, may require additional analysis because of differing national laws and bilateral agreements. The process may also involve specific local requirements, such as handling the transfer of Spanish real estate in Spain.

Foreign documents must meet notarial requirements before they can have full effect in Spain. A will written in another language needs a sworn translation, and Lobo says it must also bear a Hague Apostille for formal legalisation before a Spanish notary. To reduce delays and paperwork, she advises making the will in the country where the heirs or most of the assets are located, unless there are specific reasons not to.

Sources: elDiario.es.