Validity of a foreign will in Spain

A foreign will can be used to deal with your Spanish property. The procedure that the heirs must go through to dispose of the Spanish assets is costly, in order to avoid this, it is advisable to make a separate Spanish will.

The Spanish Consul in your home country must legalise a certified copy of the grant of probate, which must be translated into Spanish. The foreign will should be translated into Spanish as well.

Your Spanish Lawyer must be empowered to prepare a list of your Spanish assets in order to pay the inheritance taxes in Spain.

You must obtain a legal certification that the documents provided comply with the laws of succession from your home country. This certification must also confirm that the testator had legal capacity to make a will, that the will is valid and duly proved and that the trustees named are legally empowered to administer the estate. The Spanish Consul shall prepare this certification.

If you have a will in your home country and another in Spain you must ensure that neither contradicts each other.

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