How to make a will in Spain, what you can decide and what you can't. If your case is complex, we put you in touch with an English-speaking specialist lawyer.
Making a will is simple and saves your family paperwork. Without one, the law decides who inherits and an unmarried partner may be left with nothing. You can make one from the age of 14 if you are able to form and express your wishes.
Making a will before a notary, step by step
List your assets and who you want to protect, and check the forced heirship shares, or legítimas (under the Civil Code, two thirds for the children).
Book an appointment at the notary’s office of your choice, with your ID (DNI): the notary drafts the will.
Read it and sign: the notary notifies the General Registry of Last Wills (Registro General de Actos de Última Voluntad).
Can you make a will online?
Many websites offer an online will, but only the draft can be prepared remotely: for it to be fully valid it has to be signed before a notary or written entirely by hand as a holographic will, with the risk that it gets lost or nobody finds it.
A will and a living will are not the same
A living will (testamento vital, or documento de instrucciones previas) records decisions about your health and medical treatment, not about your assets. It is formalised separately, before a notary or at the registry of your region (autonomous community).
When to review your will
You can change it whenever you like: the last valid one revokes the earlier ones. Review it if your family, your assets or your residence change. A wills lawyer can help you; if you are worried about one already signed, see when it is possible to contest a will or talk to a specialist inheritance lawyer.
Depending on your family
Situations worth settling in your will
Find yours: for each one, what a will lets you settle in advance.
01
Married couple with children
The will known as “del uno para el otro” (each to the other) leaves the spouse a universal life interest (usufructo universal) and names the children as heirs; it usually includes a cautela socini clause.
02
Married couple without children
Without a will, your parents would inherit ahead of your spouse. With a will you can leave your spouse everything except your parents' forced heirship share, if they are alive.
03
Unmarried couple
Under the Civil Code, an unmarried partner (pareja de hecho) does not inherit without a will. Some regions with their own civil law grant them rights; a will is the safe option.
04
No children, parents or spouse
You can name anyone you like as your sole heir, several people or an organisation (the so-called charitable will, or testamento solidario).
Can't see your situation here?
Tell us about it: we'll find the specialist to handle it.
Your family, your assets and who you want to protect: the basics are enough.
02
02A specialist
An inheritance lawyer looks into it
A bar-registered lawyer specialising in wills studies your case and contacts you.
03
03No obligation
You go to the notary with everything clear
You know your options and the quote before you decide anything.
No-obligation enquiry
Want to make a will?
Tell us about your family situation and a specialist lawyer will help you prepare the content before you go to the notary.
Enquiring is free
Your details, always confidential
No obligation to hire
Your enquiry
Under 2 min
Confidential
No obligation
Frequently asked questions
Questions about making a will
How much does it cost to make a will?
The notary charges according to an official scale and a simple will comes at a moderate cost. If you ask a lawyer for help, ask for the quote in writing first.
Can my partner and I make a joint will?
Under the Civil Code, no: each of you makes your own, even if they mirror each other and are signed on the same day. Aragon, Navarre, the Basque Country and Galicia do allow a joint will (testamento mancomunado).
What happens if I die without a will?
Whoever the law says inherits: children, then parents, then your spouse and then siblings. An unmarried partner does not inherit under the Civil Code, and a declaration of heirs (declaración de herederos) will be needed.
Is a handwritten will valid?
Yes: the holographic will (testamento ológrafo), written entirely and signed by hand, with the year, month and day, and only by adults. After the death it has to be authenticated and formally recorded before a notary within five years.
Can I disinherit a child in my will?
Only on the grounds listed in the Civil Code (such as refusing maintenance without a legitimate reason or ill-treatment by deed, maltrato de obra, which the Supreme Court extends to psychological abuse), stated in the will.
What the people we put in touch with their lawyer tell us.
4.9/5
★★★★★
Average rating on Google
“★★★★★
From the very first moment they inspired a lot of confidence. They explained everything clearly and answered my questions in a friendly, professional way. Without a doubt, a very positive experience.
María G.Google
“★★★★★
Excellent treatment and impeccable service. I especially appreciate that they explained the different options available and the steps I needed to follow. Very professional and attentive.
Carlos M.Google
“★★★★★
I was looking for advice and found a team that made me feel listened to from the start. I would highlight how clearly they explain things, how approachable they are and the peace of mind they give you throughout the whole process.
María G.Google
Carlos M.Google
Laura R.Google