Drawing up a will as a non-resident in Spain. Canarianlawyers.com

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Drawing up a will as a non-resident in Spain

The question of how to deal with inheritance on Spanish territory appears to be especially difficult for non-residents. If you are in this situation we recommend you to draw up a will regarding your properties on Spanish territory. This way the distribution of your inheritance among your children or any other person you determine as a heir will be significantly simplified.

A will is in general drawed up individually and personally and has to be signed "twice" (in Spanish as well as in your mother tongue) in presence of a notary. The original document remains in the hands of the notary while a note about the drawing up will be sent to the Ministry of Justice. Until the death of the author, the content of the will will be kept confidential.

The most common formulation consists in signing the left possessions or rights over to the widow or the widower. It is then possible that e.g. the widow can keep on using the properties owned by her husbend (or vice versa). In case of the death of both, possessions will be seperated in equal parts and passed on to the children or other heirs. All this is carried out on the basis of the valid civil law in the home country.

If you wish to get an individual consultation, do not hesitate to contact us describing your personal situation. We will do our very best to find a solution that suits your needs and requirements.