⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.

Spain Will & Estate Planning Guide

Read about will creation and estate planning in Spain. This guide covers witness rules, probate processes and jurisdiction-specific considerations that may apply. Rules vary, so consult a qualified professional for advice on your circumstances.

Estate Planning in Spain at a Glance

Spain has strict forced heirship (legítima) protecting children and descendants (2/3 of estate). Spouses have usufruct rights. Regional variations in tax rates are extreme - from nearly 0% to 36.5%. Notarial wills are most common. EU Succession Regulation allows choice of national law for foreign residents.

Forced heirship 2/3 for children
Spouse gets usufruct not ownership
Inheritance tax varies by region
Madrid/Andalusia 99% tax reduction
Catalonia has highest tax rates
EU citizens can choose home law
Holographic wills must be validated

Will Requirements in Spain

Creating a will in Spain typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Witness Requirements: Notarial: 2 witnesses if requested. Holographic: none. Closed: 5 witnesses

Holographic Wills:Handwritten wills may be recognised

Inheritance Tax in Spain

Tax Rate: 7.65-34%

Tax Threshold: 17,232 USD

Many regions offer 99% relief for family

Family Shares and Estate Administration in Spain

Protected family shares: Legítima: Children/descendants get 2/3 of estate (1/3 strict portion, 1/3 improvement portion). Parents get 1/2 if no children. Spouse receives usufruct: 1/3 with children, 1/2 with parents, 2/3 if neither. Cannot be overridden except by EU regulation choice.

Related Resources

What Happens Without a Will?

Read about intestacy rules and how an estate may be distributed if you die without a will.

Global Inheritance Tax Guide

Compare inheritance tax rates, thresholds and exemptions across countries.

Digital & Physical Will Signatures

How signing rules differ across jurisdictions and where digital signatures may be accepted.

Estate Planning Information for Spain

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