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Date Published: 02/07/2026

Only have an English Will? It could mean a lengthy and costly process in Spain

Thy Will Be Done explains why a Spanish Will could save your family time and money

Anyone who owns property or other assets in Spain but only has an English Will could be setting their loved ones up for a long and expensive process further down the line, according to legal experts Thy Will Be Done.

When someone dies leaving Spanish assets but only an English Will in place, their worldwide assets first need to be collated and valued, and any English inheritance tax liability worked out, before a Grant of Probate can even be obtained in England. From there, things get more complicated rather than less.

Each heir will need to arrange a Spanish Power of Attorney so that a Spanish solicitor, or abogado, can act on their behalf and deal with the estate in Spain, and this document has to be signed and witnessed by a Spanish or English Notary.

The original death certificate, the Grant of Probate and the UK Will then all need something called an Apostille of the Hague, a certification confirming the documents are genuine so they can be used in Spain.

Every one of those documents must then be translated into Spanish before a Spanish solicitor can even begin working out the taxes owed and how the estate should be distributed.

It's a process that can take months, involve several different professionals in two countries and end up costing families considerably more than it needed to.

The good news is that it doesn't have to be this way. Having both a UK Will and a Spanish Will in place, with the Spanish Will containing an EU succession clause electing that the law of England and Wales, Scotland, Northern Ireland, the Isle of Man, Jersey or Guernsey governs the succession of the Spanish estate, avoids the entire process outlined above.

It means a simpler, faster and far less stressful experience for the family left behind.

Thy Will Be Done specialises in protecting your assets in the UK and Spain, both during your lifetime and after your death. Their probate solicitors handle the process on both sides, working with UK and Spanish teams so families don't have to navigate it alone.

The team prides itself on listening carefully to each client before guiding them through some of the most important documents they'll ever sign. Thy Will Be Done operates from offices in Benijofar and also maintains a UK office for the benefit of beneficiaries and attorneys back home, combining UK-level professional standards with the local knowledge and accessibility expats actually need.

British expats in Spain can call 865 756 058 or 965 023 596, visit www.thywill.es or complete the secure contact form below.

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Benisol II, Federico Garcia Lorca 92, 03178, Benijofar, Rojales, Alicante

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Helping British expats protect their assets in the UK and Spain

Thy Will Be Done inheritance, wills, estates and more legal services in Spain

If you're looking for expert, affordable legal and financial guidance for planning your future and protecting your assets both in the UK and Spain, Thy Will Be Done offers a full range of estate planning and advisory services you can rely on.

Specialising in legal wills, powers of attorney, probate and financial planning, this trusted firm supports British residents and expats through some of the most important decisions of their lives. Whether you're preparing a will, setting up a trust or need support navigating inheritance tax or equity release, their friendly and highly qualified team is here to help.

Services include:

UK and Spanish wills, including low-cost wills for parents with children under 18
Lasting Powers of Attorney
Property Trusts
Probate services with low fees
Pre-paid funeral plans in Spain with interest-free monthly payments
Estate planning and inheritance advice
Life insurance, pensions, investments, mortgages and equity release

Thy Will Be Done works in partnership with trusted legal and financial experts, including SRA-regulated solicitors in the UK and Spanish advisors fluent in English. Their team includes Director Paul Blackmoore, English-speaking Spanish solicitor Gabriel Padilla and financial advisor Chris Shaw.

Based in Spain and the UK, they also give back to the local community, donating €10 to charity for every new client in Spain.