In a will you decide who receives your assets when you are gone. A wills lawyer helps you draft it in line with the law, or understand a relative’s will and what to do if you disagree.
An inheritance and a legacy are not the same
The heir succeeds to all or part of the estate, with its assets and debts. The legatee receives a specific asset, in principle without being liable for the debts, and asks the heirs or the executor (albacea) to hand it over, unless the will authorises them to take it. More in inheritance or legacy: what changes.
The limit: forced heirship shares
Under the Civil Code, if you have children, two thirds go to them (one third as the strict forced heirship share (legítima estricta), in equal shares, and one improvement third (tercio de mejora), for children and grandchildren) and only one third is yours to leave freely. In Catalonia, Aragon, Navarre, the Basque Country, Galicia or the Balearic Islands, your regional civil status (vecindad civil) is what counts.
What a wills lawyer does
Helps you make a will or change it, with clauses that prevent disputes (cautela socini, an executor or an estate partitioner (contador-partidor)).
Interprets your relative’s will.
Assesses whether there are grounds to contest the will because it is void or infringes your forced heirship share.
Making a will, leaving a legacy or understanding a relative's will.
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A wills lawyer looks into it
A lawyer specialising in wills and succession reviews your case and contacts you.
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You decide with all the information
You know your options and the quote before going to the notary.
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Tell us about your case: a lawyer who specialises in wills will help you draft yours or understand your relative's.
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Frequently asked questions
Questions about wills and legacies
What is the difference between an heir and a legatee?
The heir receives the whole estate or a proportional share of it, with its debts. The legatee receives a specific asset or right and, as a general rule, is not liable for the debts.
Can I leave my whole estate to just one person?
Only if you have no forced heirs. Under the Civil Code, children have two thirds; with no descendants, your parents have half (one third if they inherit alongside your spouse), and the widowed spouse has a life interest (usufructo).
How do I know whether my relative made a will?
Once 15 working days have passed since the death, request the certificate of last wills (certificado de últimas voluntades) from the Ministry of Justice with the death certificate. It shows whether there is a will, its date and the notary.
Can a will be changed?
Yes, as many times as you like. The last valid will revokes the earlier ones, unless it expressly says that the earlier one remains in force in whole or in part.
Do I have to use a lawyer to make a will?
No: the notary is enough, as they draft it and check your capacity. But the notary is impartial; if your case is complex (children from different partners, a business, assets outside Spain), a lawyer prepares the content.
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