Stop Thinking Your Will Is “Sorted”
Picture this: you sit at a notary in Dénia feeling clever because you brought your UK will. The notary reads two lines, looks up, and says, “This doesn’t say what you think it says — in Spain.” That’s the click when your “plan” becomes paperwork shrapnel.
Harsh? Wait until the bank freezes the account, your partner can’t sell the house in Jávea, and your kids spend Christmas emailing apostilles instead of you. Most English-speaking expats in the Costa Blanca don’t have an inheritance plan. They have a hope. Those are not the same thing.
The Comfortable Fiction Expats Tell Themselves
You’ve done the sensible stuff: a UK will, a handshake agreement with your partner, and a folder with property deeds and passwords. Maybe you even told the kids, “it’s all straightforward.” You believe your foreign will is valid in Spain (it can be), so you think you’re covered (you’re not). You assume your spouse can “just go to the notary and sort it.”
Here’s what actually happens for Spanish inheritance for expats when the plan is built on shortcuts:
- The bank freezes Spanish accounts until heirs accept the inheritance and pay tax.
- The car, the boat, and even the terrace furniture on the deeded property cannot be sold.
- Your foreign will needs translation, apostille, verification against Spain’s Central Wills Registry, and sometimes a sworn legal opinion to apply your national law.
- The 6-month clock for inheritance tax in Spain for non-resident heirs starts ticking the day after death, interest creeping in if you miss it.
And if you’re in a blended family (second marriages, adult children, joint purchases), the friction multiplies. Not because anyone is greedy — because the system doesn’t bend to “family handshake” logic.
A Real-Life Snapshot
Chris (UK) and Anna (DE) owned an apartment in Oliva. Chris had a UK mirror will leaving “everything to my wife.” At the notary, the document did not include a clear choice of law, and Spain defaulted to its own forced-heirship lens. Cue: weeks of letters, extra reports, and tax stress. None of this was evil. It was predictable — and avoidable.
The Blind Spot That Blows Up in Spain
The core mistake isn’t the foreign will. It’s the missing bridge between systems. The belief that “valid in Spain” means “works in Spain.” Those are not synonyms.
EU Succession: The Rule You’re Ignoring
Under the EU Succession Regulation (Brussels IV), you can usually choose the law of your nationality to govern your estate across EU countries. That’s great — if you actually claim it in a compliant, readable, notarised way in Spain. If you don’t, Spanish rules will try to fill the gaps. That can mean forced shares, extra heir consents, or plain delay at the Costa Blanca notary inheritance desk.
Executors vs. Spanish Reality
Your UK executor isn’t a magic wand in Spain. Spanish probate is acceptance-and-partition by heirs before a notary. Executors can be named for non-Spanish assets, but Spanish notaries need heirs (or their attorneys-in-fact) at the table, docs in order, taxes calculated, and registries coordinated. That’s why DIY plans die at the counter.
When the Bomb Goes Off
Let’s spell out the worst-case so you can feel it, not just read it:
Your partner walks into a notary in Gandia. The notary asks for: death certificate with apostille, certified translation, NIEs for all heirs, your last will certificate from Spain, bank balance certificates as of date of death, IBI receipt, nota simple of the property, and proof of payment of inheritance tax. Your partner has… your UK will and a shaky promise that “the bank manager knows us.”
The bank freezes the joint account. Direct debits bounce. Community fees pile up. Your adult son in Manchester can’t fly down again until next month. The 6-month tax deadline keeps chewing interest. That golden post you wrote about “Spain was the best move we ever made” now tastes like bureaucracy.
“Spanish probate for foreigners isn’t hard. It’s just unforgiving when you assume it works like your home country.”
The Twist: A Short Spanish Will Defuses Everything
Here’s the part every calm client learns early: one precise, bilingual, Spanish-notarised will that claims your national law, aligns with your foreign will, and lists your Spanish assets and heirs clearly is the fastest way to a smooth signature, clean tax filing, and quick access to funds.
It’s not flashy. It’s not expensive. But it’s the difference between weeks and months, between interest and zero interest, between “I’ve got it” and “I don’t sleep.” In 2025, with the EU succession framework stable and Spain’s notaries as exacting as ever, this is the boring fix that wins.
What “Calm Inheritance” Looks Like on the Costa Blanca
Imagine this instead: your partner meets our lawyer at a notary in Altea. The will is on file at the Central Wills Registry. Heirs already have NIE numbers. We hold a power of attorney. Bank certificates are ready. We sign the acceptance, pay the tax, file at the land registry in Alicante, and the bank releases funds. Two months later, the property is re-registered; life moves on without the drama.
No guesswork. No family politics. No last-minute flight shuffles. Just a plan that works where you actually live.
The Plan That Works: Step-by-Step for Expats
1) Map Your Cross-Border Reality
- List Spanish assets: property, bank accounts, car, company shares, deposits, crypto held on Spanish exchanges.
- List non-Spanish assets. Check how your foreign will disposes of them.
- Decide your governing law under the EU succession regulation in Spain (usually your national law). Put it in writing.
- Spot conflicts: mirror wills that clash with forced heirship, trusts unknown to Spanish registries, joint tenancy assumptions, life insurance beneficiaries.
2) Draft a Spanish Will That Actually Works
- Bilingual draft (English/Spanish) signed before a Costa Blanca notary. We do this in Dénia, Gandia, Oliva, Xaló, Altea and beyond.
- Include clear choice of law of your nationality under Brussels IV.
- Identify heirs and backup heirs; avoid vague “all to my family” lines.
- Address the home: full title vs. usufruct for the surviving spouse. Make it intentional, not accidental.
- Align with your foreign will so the two don’t fight.
- Name an executor if useful for non-Spanish assets, and an albacea when appropriate for Spain.
- Register at the Central Wills Registry automatically after signing (standard in Spain).
3) Prep the Probate Pack Now (So No One Scrambles Later)
- Heirs obtain NIE numbers in advance. We can arrange this with a power of attorney.
- Keep property docs ready: escritura, latest nota simple, IBI receipt, community fee certificate.
- List banks and policies; we’ll request date-of-death balance certificates.
- Agree on who will represent the heirs. We can act by power of attorney to sign and file all steps.
4) Know the Timelines — and Beat Them
- Tax filing: 6 months from death. Extensions are possible if requested in time; interest may apply.
- Acceptance and partition at the notary: typically 6–12 weeks if documents are ready.
- Land registry updates: usually 2–6 weeks in the Alicante registry once tax is paid.
5) Cut the Tax Drag (Without Fantasy Tricks)
- Inheritance tax Spain non-resident: non-residents are taxed like residents on Spanish assets, with regional rules applied (Valencian Community for Costa Blanca). Allowances change; plan with current figures.
- Structure bequests intentionally: full ownership vs. life interest can change valuations.
- Review lifetime gifts and beneficiary designations; they impact impuesto de donaciones and succession balance.
- Coordinate with UK IHT or your home-country rules to avoid double surprises.
6) Avoid the Classic Traps
- “My foreign will is valid here” — true in principle, messy in practice. Translation, apostille, and proof of applicable law still required.
- Mirror wills that ignore Spanish land registry reality. Don’t gift a headache disguised as simplicity.
- No NIE for heirs. That single oversight stalls everything.
- Assuming the bank will “help.” They will — after you present the notarial acceptance and tax proof.
What We Actually Do for You
Coast Law Firm handles probate in Spain for foreigners end-to-end: Spanish will drafting, bilingual execution, NIE, powers of attorney, notary attendance, Central Wills Registry checks, tax calculation and filing, land registry updates, and bank releases. We coordinate with your UK or other foreign solicitor so your wills aren’t at war. You get fixed-fee quotes where possible and a written checklist and timeline — in plain English.
You Don’t Need Another Lecture. You Need a Signature Date.
If you’re an English-speaking homeowner in the Costa Blanca and you’ve been coasting on “we sorted a will back home,” this is your nudge. Not because we want to scare you, but because the notary won’t care about your intentions — only your documents.
Make a choice that future-you will thank you for: defuse the notary time bomb now.
Book Your Next Step
- Book a free initial consultation to review your cross-border estate.
- Request a fixed-fee quote for a Spanish will for expats in the Costa Blanca.
- Ask for our inheritance checklist and a tailored timeline for your assets and heirs.
We’re Coast Law Firm — multilingual lawyers serving expats across Gandia, Oliva, Dénia, Xaló, Altea and the wider Costa Blanca. We guide you through Spanish notary, registry, and tax, in English (and Spanish, French, German, Dutch). We act under power of attorney if you’re away, and we coordinate with your home-country advisors so everything lines up.
Stop hoping your foreign will “will do.” Make it work in Spain. Start today and sleep tonight.