Inheritance in Spain

Common questions

What exactly is the Spanish Registry of Last Wills?

The Registro General de Actos de Última Voluntad (which roughly translates as General Registry of Last Wills) is a body within the Spanish Ministry of Justice. It keeps a record of wills executed before a notary public in Spain. The vast majority of wills in Spain are made or sealed in the presence of a notary public. This Registry also keeps a record of wills made in the presence of Spanish consuls. It is also possible, subject to certain formalities, to register wills made in the presence of notaries from other countries.

The Registry does not keep a record of the text of the wills. It keeps basic information about the person making the will, the date of the document and the notary public (or consulate official) who certified it. The Registry, therefore, cannot issue a copy of a will. Instead, it issues a certificate confirming whether a will has been recorded and, if so, the details of the notary who certified it. That way, the deceased’s relatives, beneficiaries or others who are entitled to do so can approach the correct notary to request an official copy of the will. The ‘certificate of last will’ is known in Spanish as ‘certificado de últimas voluntades‘ (often shortened to ‘últimas voluntades‘ or to the acronym ‘UUVV’).

The certificate from the Registry says that there is a will in Spain. How do I get an official copy?

The certificate of last will (certificado de últimas voluntades) issued by the Spanish Registry of Last Wills will normally indicate the name and location of the notary who certified the will. With this information, you can locate the notary, for example using the directory of the relevant Notaries Association. The notary can then issue an official copy of the will if you are one of the persons entitled to receive it, such as a relative of the deceased or a beneficiary under the will. You will need to provide identification.

If you are based in the UK and you find it difficult to obtain a copy of the will from a Spanish notary, you can use an agent. In addition to applying for a certificate from the Spanish Registry of Last Wills, we can help you obtain an official copy of the will from the relevant notary. See our Locate a Spanish Will service page.

The certificate from the Registry says that there is no will in Spain. What happens now?

To deal with the inheritance in Spain, you will need to present that ‘negative’ certificate to the notary assisting with the inheritance process. If there is a will made in the UK or another country, then this may be applicable to the Spanish assets. It will depend on the wording of the will. If there is no will (or the foreign will does not cover Spanish assets), then the notary will treat the succession as intestate. This means that, because there is no will, it is the law that determines who inherits.

The notary will look at all the circumstances and determine first which law applies to the inheritance — for example, Spanish law, English law or the law of another country. The next step is to establish which relatives survived the deceased and which of them are entitled to inherit under that law. The estate can then be distributed among those relatives in the order and proportions established by the relevant law.

I know my father/mother/spouse/other did not make a will in Spain. Do I still need a certificate from the Registry of Last Wills?

Yes. To deal with the inheritance in Spain, you will always need to present this certificate to the Spanish notary. This is even if you are absolutely certain that there is no will in Spain. Occasionally, however, there are surprises. When buying a property in Spain, some lawyers may have advised the buyers to make a Spanish will. So it is not unheard of that a Spanish will that had been forgotten resurfaces at this stage.

I have a copy of the deceased’s Spanish will. Do I still need a certificate from the Registry of Last Wills?

Yes, you do. To deal with the inheritance in Spain, the notary will ask for this certificate. The certificate confirms whether the will you have is in fact the deceased’s last registered will. And it allows you to obtain an official copy from the relevant notary. The copy in your possession might be just a non-certified copy (copia simple) and you will need an authenticated copy (copia autorizada).

Is there an equivalent in the UK to the Spanish Registry of Last Wills?

Not an exact equivalent. You may have heard of the National Will Register, but this is different from the Spanish public registry. The UK’s National Will Register is privately run and the registration of wills is not automatic or compulsory, although solicitors and other professionals are encouraged to register wills with it. A search of the National Will Register does not therefore provide official confirmation that a particular will is the last will made by that person. Equally, a negative result does not mean that a will doesn’t exist. In the UK, wills can be made privately in the presence of two witnesses who are not necessarily professionals, so many wills do not get registered.

A notary in Spain may need a certificate of law confirming that there is no equivalent in the UK to the Spanish Registry of Last Wills. If you need this type of document, you can find more information on our page dedicated to Certificates of Law.