Why This Question Matters
For many UK and Irish nationals who own Spanish property — whether a main residence or a holiday home — it’s natural to wonder if their home‑country Will is enough. In practice, both Wills may have a role, and understanding their interaction ahead of time can prevent difficulties for the family later.
1) Habitual Residence and Applicable Law
The EU Succession Regulation gives significant weight to habitual residence. If someone lived most of the year in Spain, Spanish law may govern the entire estate unless the Will clearly chooses the law of their nationality. Even when the deceased lived in the UK or Ireland, Spanish law may still influence the succession of Spanish assets through renvoi or closest‑connection principles, especially in the case of real estate.
2) Forced‑Heirship Rules in Spain
Spanish law includes compulsory shares for certain relatives, especially children. This differs from the freedom available under English, Scots or Irish succession law and can come as a surprise to families. Understanding whether these rules apply to the estate is essential.
3) How a Spanish Will Helps
A Spanish Will can formally choose English, Scots or Irish law as the law governing the estate, helping avoid unexpected forced‑heirship consequences. It also simplifies the paperwork for the Spanish notary and reduces delays caused by interpreting foreign Wills.
4) Coordination Across Jurisdictions
A Spanish Will does not replace a UK/Irish Will. The two should complement each other without conflict. This coordination makes a significant difference to heirs, especially when they live abroad.
5) Peace of Mind for Families
Many clients appreciate knowing their estate planning works smoothly across borders. A coordinated plan helps ensure everything is clear and practical for the people they care about most.
Book an online consultation if you’d like to consider whether a Spanish Will suits your circumstances.
