Inheritance & Wills6 min read

Do I need a Spanish will if I own property in Tenerife?

Not mandatory, but it makes probate dramatically faster and cheaper. When it makes sense to sign a Spanish will even if you already have one at home.

Published ·

Many foreign owners of property in Tenerife already have a will signed in their country of origin. The natural question is whether they also need a Spanish will or whether the foreign will is enough. The answer is that technically it is not mandatory, but in practice it changes the duration and cost of probate dramatically.

Why signing a Spanish will helps

A will signed before a Spanish notary and limited to assets located in Spain is executed in weeks, not months. The Canary Islands notary keeps the original in the protocol; no translation, apostille or foreign equivalent certifications are needed.

The same instrument can carry the professio iuris under EU Regulation 650/2012 — choice of the testator's national law — which prevents later disputes over the forced-share and the validity of clauses that would be void under Spanish law.

When it is not necessary

If the foreign will already covers Spanish assets expressly, if the deceased has a very limited estate in the Canary Islands and the heirs are mostly resident in the country of origin, the succession can proceed on the foreign will alone. It is slower and more expensive, but legally feasible.

We analyse your estate and give you a written recommendation on whether a Spanish will is worthwhile. The initial consultation is with no commitment.

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