No one likes to talk about wills… until the inevitable happens. And without a will, things can get messy. Disputes between children, blocked inheritances, assets seized by the tax office, partners left without rights… All of which can be avoided in 30 minutes before a notary.
At Legal Allies, we’re receiving more and more inquiries from elderly individuals and foreign residents who want to make a notarial will in Spain, but don’t know where to start.
If that’s your case, here’s everything you need to know: how it works, how much it costs, what documents are required, and why it’s the safest way to ensure your wishes are respected and your assets protected.
What Is a Notarial Will?
A notarial will is a legal document in which a person sets out how their assets should be distributed after their death, and it is formalized before a notary.
There are other types of wills (holographic, open, closed), but the open notarial will is the most common, valid, and secure option in Spain.
Who Can Make a Will in Spain?
Anyone over 14 years old with legal mental capacity can make a will, whether you are:
- A Spanish citizen
- A foreign resident
- A non-resident with assets in Spain
Important for foreigners: You can choose whether your will should follow Spanish law or the law of your home country (in accordance with EU Regulation 650/2012 on Succession).
At Legal Allies, we help you choose the most favorable legal option and avoid future inheritance disputes.
Why Do It Before a Notary?
Because:
- The notary ensures clarity, legality, and proper wording.
- It’s officially registered in the Central Registry of Wills.
- It avoids the risk of the will being lost, destroyed, or challenged.
- It greatly simplifies inheritance proceedings after your death.
In short: it spares your family legal headaches and ensures your wishes are fulfilled.
What Do You Need to Make a Notarial Will?
1. Valid ID: DNI, NIE, or Passport
You must be properly identified.
2. A Clear List of Your Assets (optional but recommended)
You don’t need an exhaustive list, but a general picture helps:
- Real estate
- Bank accounts
- Vehicles
- Foreign assets
3. Decide Who Inherits What
Who do you want to leave things to? You can:
- Respect the “legítima” (mandatory share for close relatives).
- Distribute the rest freely.
- Add clauses about use, management, or usufruct rights.
Can You Disinherit a Child?
In Spain, there’s a mandatory minimum share (legítima) for certain heirs.
Currently:
- Children are entitled to 2/3 of the estate (one-third of which can be divided as you choose).
- If there are no children, parents inherit part.
- Spouses are entitled to a right of usufruct, not full ownership, if there are descendants.
Disinheritance is only possible under serious legal grounds.
How Much Does It Cost to Make a Notarial Will?
Very little, considering the peace of mind it offers:
- Between €40 and €80, depending on complexity.
- In some cases, it may be free (solidarity wills, low-income seniors, etc.).
What Happens After You Sign It?
- The notary registers it in the Central Registry of Wills.
- You can request an official copy (the original remains at the notary’s office).
- Its content remains private until your death, unless you choose to share it.
After your passing, your heirs must:
- Request the death certificate.
- Obtain the certificate of last wills.
- Request a copy of the will from the notary.
Everything is documented and straightforward.
Already Made a Will and Want to Change It?
No problem. The latest will you sign automatically overrides all previous ones. Just visit the notary again and draft a new one based on your current wishes.
At Legal Allies, we help you update your will when moving to a new country, getting married or divorced, having children, selling assets, or after any major life change.
Real-Life Examples
René, a French resident in Valencia, died without a will. His heirs in France spent over 18 months dealing with legal conflicts. Now we’re helping his daughter create a valid will in Spain.
Marta and Josefina, a same-sex couple, made mirrored wills granting each other lifetime usufruct of their properties. Everything was sorted in one notary visit, preventing future legal issues.
Making a notarial will is one of the greatest acts of love for your family. It’s quick, affordable, and legally sound… and it prevents disputes, blocked inheritances, and years of conflict.
At Legal Allies, we help you:
- Draft a legally clear and valid will.
- Choose the applicable law if you’re a foreigner.
- Coordinate with notaries, prepare documents, and safeguard your final wishes.
Because when you’re no longer here… what matters most is that everything’s in order.
