If you own property in Tenerife, a Spanish will isn’t strictly required.
But in most cases, it makes life much easier for the people who deal with things after you’re gone.
Many expats assume their UK or home-country will is enough. Technically it is… but relying on it alone can slow the whole process down.
Here’s why many property owners decide to make a separate Spanish will.
Is a Spanish Will Required?
No.
Your heirs can still inherit a Tenerife property using a foreign will, or even if there’s no will at all.
The difficulty is that foreign documents often need to be apostilled, translated and legally verified before Spain will accept them.
That extra paperwork can easily add weeks, sometimes months, to the process.
Which is why many people prefer to keep things simple.
Why Many Owners Make a Spanish Will
A Spanish will normally covers only your assets in Spain, and it makes the inheritance process far smoother.
The main benefits are fairly practical:
- The inheritance process is usually quicker and cheaper
- The Spanish notary has clear instructions to follow
- Your heirs deal with far less paperwork
- You can choose your national inheritance law
- The risk of delays or disputes is reduced
Most expats simply make a short Spanish will for their Spanish assets while keeping their main will in their home country.
Choosing Your National Law
Under EU regulations known as Brussels IV, foreigners can choose the inheritance law of their nationality.
In practice, the Spanish will normally includes wording stating that the law of your nationality applies.
This matters because Spanish law includes forced heirship rules, which automatically reserve part of an estate for children.
Choosing your national law gives you much more flexibility over who inherits your Tenerife property.
What Happens If You Don’t Have a Spanish Will?
Your heirs will still inherit the property.
But the process is usually slower.
Spanish notaries may need to rely on foreign probate documents, which then have to be translated, apostilled and accepted in Spain.
That extra step can delay things like:
- Access to bank accounts
- Completing the inheritance deed
- Selling the property
A Typical Example
Imagine a UK resident who owns an apartment in Tenerife and passes away.
The UK probate documents must first be issued, then apostilled and translated into Spanish before the Spanish notary can use them.
That alone can easily add six to twelve weeks to the process.
Does a Spanish Will Cancel Your UK Will?
No.
The two wills normally work alongside each other.
A properly written Spanish will simply states that it applies only to assets located in Spain, while your UK will continues to cover everything else.
Do You Need a Lawyer?
A Spanish will must be signed before a Spanish notary, but most people use a lawyer to prepare it first.
That ensures everything is worded correctly and avoids conflicts with wills in other countries.
The process itself is usually quick and relatively inexpensive.
For anyone who owns property in Tenerife, a simple Spanish will is one of those small things that can make a big difference later.
It doesn’t change your plans… it just saves your family a lot of paperwork when the time comes.
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