Is a German will valid in Spain?
A German will is generally valid and recognized in Spain, even if it effectively chooses German law, which is expressly recommended.
However, it is crucial to consider the later requirements of practical implementation in Spain and the tax consequences in both countries right from the planning stage. Translations, apostilles, certificates of inheritance, notarized declarations of acceptance, and the tax treatment must be coordinated from the outset..
The Berlin Testament in Spain
The Berlin Testament is not invalid per se. Rather, in an international context, the decisive factor is whether it is clearly and effectively drafted under German law and whether a clear choice of law has been made. If this is lacking, or merely unclear, the Berlin Testament may, in exceptional cases, even remain wholly or partially ineffective under Spanish law, since the Spanish Civil Code generally prohibits joint wills (Art. 669 CC). Furthermore, structures involving prior and subsequent heirs usually have adverse tax and probate implications.
Choice of law and compulsory portion
An explicit and precise choice of law is crucial to avoid the very strict Spanish rules on forced heirship ("legítima"). Spanish legítima grants children a mandatory share of the estate, particularly in the case of real estate, with significant practical disadvantages, including forced co-ownership and obstacles to inheritance settlement.
Therefore, choosing German (or Austrian) law is almost always advantageous: the compulsory portion is structured there as a mere monetary claim, which makes the settlement of the estate more flexible and uncomplicated and preserves extensive freedom of design.
Handwritten will in Spain
A handwritten will can also be valid in an international context, provided it meets the formal requirements of either the testator's nationality or Spanish law. However, practical problems often arise due to difficulties in proving its validity, frequent legal challenges, and the considerable effort and expense involved in its subsequent enforcement in Spain.
Two wills – Another will for Spain?
The currently preferred practice, confirmed by numerous notaries at the Congress of the European Law Academy in Barcelona (ERA, May 2026), is a single, cross-border agreed will that covers all assets, especially real estate, and takes into account the registration and tax requirements of all the countries concerned.
Alternatively, two clearly coordinated wills with unambiguous appointment of heirs and, if necessary, targeted legacies in the state where the property is located are possible; here, too, the greatest importance must be placed on material and formal coordination.
The Spanish Register of Wills and other register queries
After an inheritance, an extract from the Spanish [document] should be obtained regularly. Registro General de Actos de Última Voluntad An application can be submitted to locate the most recent Spanish notarial will and the responsible notary. Particularly in cases of differing nationality and habitual residence, it is also advisable to inquire with the registers of the country of origin, for example, in Germany via a notary or local court at the register of wills, or via the European ARERT system.
Will for real estate in Spain
For real estate in Spain, individually tailored estate planning is essential. Whether a single will or two coordinated wills are preferable depends on personal and tax circumstances; the crucial factors are always consistent coordination and a clear choice of law.