Welex,  law and accountant firm on the Costa del Sol, has the pleasure to write a few lines about wills in Spain for non-residents.

If you have decided to grant your Will in Spain, we will explain briefly the types of wills that exist under Spanish law and the documentation that has to be presented to the Notary in order to sign the will.


First of all, you may wonder whether it is necessary to go to a Notary or not. In Spain we have the following types of Will as per the Spanish Civil Code:

-The Special Will, which includes the following wills: the military will, the maritime will and wills drawn up in foreign countries.

-The Common Will, which we are going to deal with in these lines.

The Common Will in Spain can be:

  • Holographic when the testator writes it himself and it can only be granted by adults. This document must be written entirely by the testator in Spain and signed, stating the year, month and day of signature. This will must be notarised within five years of the testator’s death in Spain.

Furthermore, the person who has this Will in its possession must present it to the competent notary within ten days of the day on which he becomes aware of the testator’s death. Failure to comply with this duty will make him liable for any damages he may have caused.

  • Open: this Will is granted in the presence of the Notary, who is aware of its contents.
  • Closed: in this case, the grantor does not reveal what his or her last will is, but declares that it is included in a document that he or she presents to the notary in Spain.

The most common Will in Spain is the Open Will before a notary. This Will is kept by the notary, who keeps the original in his or her possession and gives a copy to the grantor, and the will is also registered in the General Register of Last Wills. In this way, at the time of death, there will be a record of whether or not a Will was granted in Spain, and which was the last Will granted.


Each person will make his or her own will personally, and it is not possible for two or more persons to make a single will, nor can it be made through a representative or proxy.

In order to execute a will, it is necessary to present your identity card or passport to the notary so that you can be identified.

Foreigners may execute a Will in their own language, assisted by an interpreter of their choice. In this case, the Will will be drawn up in their own language and in Spanish.

Finally, bear in mind that the Will can always be modified and another Will can be made at a later date.

If you would like to know more information about wills in Spain for non-residents, or would like to make a legal, accounting or tax consultation, please do not hesitate to contact Welex lawyers, a leading law firm in Marbella.

Welex, firm of lawyers and accountants in Marbella, has the pleasure to write a few lines about the reservation of inheritance in Spain.


The reservation of inheritance in Spain is a figure that imposes a certain trajectory of the assets in the succession Mortis Causa in order to ensure the final destination of certain assets, preventing them from passing from one family to another in subsequent successions.



There are several types of reservation of inheritance in Spain:

I. Ordinary or Viudal Reserve.

This is an obligation imposed on the widowed spouse, who contracts a new marriage and has a new child in Spain.

Here he/she is obliged to conserve the assets that he/she inherited from his/her widowed spouse, from the relatives of said spouse, or from the children or descendants of the previous marriage in favor of the children and descendants of the previous marriage.

All property acquired by virtue of will, intestate succession, donation or any type of lucrative title will have the character of reservable.

It will not be possible to reserve the widower’s half of the community property, the assets acquired for valuable consideration or the things that the children leave to their father or mother knowing that they were married for the second time.


How does this affect real estate in Spain?

Well, according to article 974 of the civil code, all those alienations that have been celebrated by the surviving spouse before celebrating second marriages will be valid, with the obligation, since he/she celebrates them, to assure the value of those to the children descendants of the first patrimony.


For those alienations that have been made after the second marriage, article 975 indicates that it will subsist only if at his death there are no children or descendants of the first marriage.


How does the reservation affect personal property in Spain?

According to article 976 of the Civil Code, these alienations will always be valid.

The reservation is consummated when the reservist dies with the existence of children or descendants of the previous marriage, at this moment, the reservants, that is to say, the children or descendants of the previous marriage, will be able to demand the delivery of the reservable goods.


In addition, the reservation will be extinguished when the children of the previous marriage expressly renounce the reservation; when at the death of the reservist, there are no descendants or children of the previous marriage; or because these have been disinherited.


II. Troncal, Extraordinary or Lineal Reserve.

This reserve is imposed on the ascendant who has inherited assets from a descendant, who in turn acquired them for profit from another ascendant or from a sibling in Spain.

Here the ascendant is obliged to reserve it in favor of the relatives who are within the third degree and belong to the line from which the assets come from.


If you are seeking further information regarding the reservation of inheritance in Spain or have any questions related to fiscal or legal matters, contact Welex, law firm situated on the stunning Costa del Sol. Don’t hesitate to get in touch with us.

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By Welex, your criminal defence lawyer in Marbella! In a criminal case, the choice of best Criminal Defence Lawyers will have a large impact on your case.

Trust the Criminal Defence Lawyers of our law firm in Marbella.  We will bring you extensive experience and expertise acquired over many years.

Trust the Criminal Defence Lawyers of our law firm in Marbella.  We will bring you extensive experience and expertise acquired over many years.

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