Making a Will in Spain as an Israeli Citizen

Why Every Israeli with Spanish Assets Needs a Spanish Will

Many Israeli nationals who own Spanish property assume that their Israeli will is sufficient. It is not — or at best, it creates serious practical difficulties. In the absence of a Spanish will, Spanish probate proceedings must rely on a foreign will that requires apostilling, sworn translation, recognition by a Spanish notary, and acceptance by the Land Registry. This process is slow, expensive, and uncertain. A Spanish will made before a notario cuts through this procedural thicket and makes the administration of the Spanish estate far smoother for your heirs.

More importantly, a Spanish will gives you the opportunity to make a formal Brussels IV election of Israeli nationality law, which can override the Spanish forced heirship rules (the legítima) that would otherwise constrain how you distribute your Spanish property.

Forms of Spanish Will

Testamento Abierto (Open Will)

The testamento abierto is the standard and by far most common form of will in Spain. The testator states their wishes before a Spanish notary (notario), who drafts the deed, reads it back in full, and both parties sign. The notary retains the original document and immediately registers it in the Registro Central de Últimas Voluntades in Madrid. This registration means that after the testator's death, any interested party can search the registry to discover whether a Spanish will exists.

The testamento abierto offers the highest legal certainty. For Israeli nationals, the will can be drafted in Spanish with a certified Hebrew translation, and the notary will confirm the testator understands the contents.

Testamento Cerrado (Closed Will)

A testamento cerrado (closed or secret will) is sealed and delivered to a notary without being read or known by the notary. The notary records only the fact that a will has been deposited, not its contents. This form is rarely used in practice — it creates additional procedural steps at probate and offers no meaningful privacy advantage in the Israeli context, since the contents will ultimately become public during estate administration.

Testamento Ológrafo (Holographic Will)

A handwritten, dated and signed will is technically valid under Spanish law but requires judicial or notarial protocol proceedings after death to be authenticated. It is unreliable for international estates and not recommended for Israeli nationals with Spanish assets.

The Brussels IV Nationality Election

EU Succession Regulation 650/2012 (Brussels IV) is directly applicable in Spain and has been in force since 17 August 2015. It allows any person — including non-EU nationals — to elect in their will that the law of their nationality governs their succession. This is the single most important planning tool available to Israeli nationals with Spanish assets.

The election should be express and unambiguous. A typical clause in a Spanish will reads:

With this election in place:

• The Spanish legítima forced heirship rules do not apply to your estate, including your Spanish-situated assets.
• You can freely distribute your Spanish property among any beneficiaries — including non-family members, charities, or in unequal shares among your children.
• Israeli succession law, which does not impose the same forced proportions, governs the division of your entire estate.

Remember: the election governs succession law only. Spanish inheritance tax (ISD) remains payable on Spanish-situated assets regardless of the law elected. See our article on inheritance tax for Israelis in Spain.

The Dual-Will Strategy

The most effective approach for Israeli nationals with assets in both countries is to maintain two coordinated wills: one Spanish will and one Israeli will. Each will should be carefully scoped to avoid unintended revocation of the other and to eliminate ambiguity about which assets fall under each.

The Spanish Will Should Cover

• All real property situated in Spain (residential, commercial, agricultural)
• Spanish bank accounts and savings
• Spanish investment portfolios and shares in Spanish companies
• Any other assets with a Spanish situs (vehicles registered in Spain, Spanish-registered yachts, etc.)
• The Brussels IV election of Israeli law

The Israeli Will Should Cover

• Israeli bank accounts and savings deposits
• Israeli pension and savings vehicles (Keren Hishtalmut, Kupat Gemel, pension gimel, bituach menahalim)
• Israeli securities portfolios (TASE-listed shares, Israeli mutual funds)
• Israeli real estate
• All other non-Spanish worldwide assets

Critical Drafting Points

Both wills must contain explicit scope-limiting clauses that restrict each will to its designated assets. Without these clauses, a later will may be interpreted as revoking earlier wills entirely — a common and devastating mistake in cross-border estate planning. Each will should also reference the existence of the other and confirm that it is not intended to revoke it.

Israeli Notarial System vs Spanish Notarial System

Israel and Spain both operate Latin-tradition civil law notarial systems, but there are important differences. In Israel, wills are not compulsorily registered in a central registry accessible after death (though registration in the Registrar of Inheritance Affairs is advisable). Spanish wills, by contrast, are automatically registered nationally. This registration gives the Spanish will a procedural advantage: heirs can definitively determine whether a Spanish will exists simply by requesting a certificado del Registro de Últimas Voluntades.

Israeli nationals should also be aware that Spanish notaries operate under fixed government fee scales based on the value of the document. A typical Spanish will costs between €50 and €150 to execute — a very modest cost for the legal certainty it provides.

Practical Steps for Israeli Nationals

1. Consult a Spanish lawyer and your Israeli lawyer jointly to coordinate the dual-will strategy before either document is drafted.
2. Obtain your NIE if you do not already have one (required for the notarial deed).
3. Draft the Spanish will with the Brussels IV election clause and the scope-limiting clause.
4. Execute the Spanish will before a notary — the process typically takes 30–60 minutes.
5. Ensure the Israeli will is updated to reference the Spanish will and to limit its scope to non-Spanish assets.
6. Review both wills whenever your asset base, family circumstances, or applicable law changes materially.