Will Options · Alcalá de Henares

Making a Will for Your Assets in Alcalá de Henares

If you own property or assets in Alcalá de Henares, making a Spanish will is one of the simplest and most valuable things you can do for your heirs. We draft it in English and have it signed before a notary.

Why it matters

Why You Should Make a Spanish Will If You Own Assets in Alcalá de Henares

Many people who own a property in Alcalá de Henares assume that their home-country will is sufficient. While a foreign will can be valid in Spain, it creates significant additional work and cost for your heirs when you die:

It must be apostilled and officially translated into Spanish by a sworn translator
It may need to be recognised by a Spanish notary, which takes time
Your heirs may not know which country's succession law applies to your Spanish assets
The process of probating a foreign will in Spain can take months longer than a Spanish will

A Spanish will, by contrast, is immediately operative. Your heirs simply obtain the certified copy from the Spanish notary and proceed directly with acceptance. No translation. No apostille. No delay.

The legal framework

EU Succession Regulation 650/2012 and Your Choice of Law

Since 2015, EU Regulation 650/2012 has allowed any EU resident to choose in their will that the law of their nationality (rather than their country of residence) governs their succession. This is known as the professio juris clause.

          Example: A British citizen living in Alcalá de Henares can choose in their Spanish will that English law governs their estate. This means Spanish forced heir rules (legítima) would not apply, and their heirs would inherit as under English law — subject to certain limitations.
        

We draft the will to include or exclude this choice of law clause based on what is most advantageous for your family. This is one of the most powerful planning tools available to international property owners in Spain.

Types of Spanish will

Which Type of Spanish Will Is Right for You?

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Notarial Will (Testamento Notarial Abierto)

By far the most common type. You sign the will before a Spanish notary in the presence of two witnesses (or without witnesses in some circumstances). The notary keeps the original and registers it in the Spanish Will Registry. Your heirs can obtain a certified copy immediately. We strongly recommend this type.

Cost: approximately €50–€80 at the notary, plus our drafting fee.

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Holographic Will (Testamento Ológrafo)

Written entirely by hand, dated and signed by the testator — no notary required at signing. However, it must be probated by a notary after death before it can be used. Not registered centrally, so heirs must know it exists. We do not generally recommend this type.

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Sign Via Spanish Consulate

If you cannot travel to Alcalá de Henares, you can sign a Spanish notarial will at the Spanish consulate nearest to your home. We prepare the full draft in English and Spanish and send it to you ready to sign — no visit to Spain required.

Content

What Should Your Spanish Will Cover?

A well-drafted Spanish will for an international owner in Alcalá de Henares should address:

Choice of governing law — whether to apply Spanish law or your national law to the estate
Designation of heirs — clearly naming who inherits each asset
Specific legacies — leaving specific assets (e.g. the property in Alcalá de Henares) to specific people
Substitute heirs — who inherits if the primary heir cannot or does not accept
Executor nomination — appointing someone to manage the estate if needed
Guardian nomination — for any minor children
Power of attorney provisions — in case of incapacity before death

We draft the will in bilingual Spanish–English format so that you understand every clause, and we explain all implications before you sign anything.

      Does making a Spanish will invalidate my existing will? Not automatically. A new Spanish will can be drafted to apply only to your assets in Spain, leaving your home-country will to govern your other assets. This "silo" approach is often the cleanest solution for international property owners.
    