Do You Need a Spanish Will If You Own Property in Tenerife?

If you own property in Tenerife, having a Spanish will isn’t mandatory — but it makes life much easier for your heirs. This guide explains why many expats choose to make a Spanish will, how it works with your UK or foreign will, and what happens if you don’t have one.

Is a Spanish Will Required?

No. You can inherit or pass on property in Tenerife using only a foreign will, or even with no will at all. But relying solely on a UK, Irish or other foreign will can slow the process down significantly, especially if documents must be apostilled, translated, or verified by multiple offices.

The main benefits of having a Spanish will

  • Faster and cheaper inheritance process
  • Clear instructions for the Spanish notary
  • Less paperwork for heirs
  • You can choose your national law (avoiding forced heirship)
  • Reduces risk of disputes or delays

Most expats make a Spanish will specifically for their assets in Spain while keeping their main will in their home country.

Choosing Your National Law (Brussels IV Rule)

Spanish wills allow foreigners to state: “I choose the law of my nationality to apply to my inheritance.” This avoids Spanish forced heirship rules and gives you full control over who receives your Tenerife property.

What Happens If You Die Without a Spanish Will?

Your heirs will still inherit, but the process takes longer. The Spanish notary must rely on UK or foreign probate documents, which can take months to legalise and accept. This often delays the sale of the property, access to bank accounts, and tax filings.

Example

A UK resident passes away leaving a Tenerife apartment. The UK probate paperwork must be translated and apostilled before Spain will accept it. This alone can add 6–12 weeks to the process.

Does a Spanish Will Cancel Your UK Will?

No — the two wills work side by side. A well-written Spanish will includes wording stating that it applies only to Spanish assets. Your UK will continues to govern everything else.

Do You Need a Lawyer to Make a Spanish Will?

Yes, a Spanish will must be signed in front of a notary. A lawyer prepares the document to ensure your wishes are clear and fully legal.

Thinking Ahead?

If you own property in Tenerife, a simple Spanish will can save your family months of delays and unnecessary expense. It also makes it easier for them to sell the property if that’s their preference.


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