When a British or French citizen passes away leaving assets in Spain, the foreign will —the Will in English law, the testament in French law— is the central piece determining who inherits what. For it to produce effects in a Spanish succession, it requires sworn translation into Spanish by a MAEC-accredited translator, and understanding the specifics of each legal system matters so that the translation respects the original legal meaning.
The British Will
In English and Welsh law, the Will is typically a private document signed before two witnesses. It does not need to be notarial. Formal validity requires:
- Being in writing.
- The testator's signature (or another person's at their direction).
- Two witnesses present at the same time who sign before the testator.
Other forms:
- Mutual Will (joint will of a couple).
- Codicil (addendum modifying a prior will).
- Statutory Will (granted by the Court of Protection where the testator has lost capacity).
For use in a Spanish succession, the Will travels with:
- Grant of Probate from HM Courts and Tribunals Service.
- Hague Apostille from the FCDO in Milton Keynes.
- Sworn translation into Spanish by a MAEC translator.
The French testament
In French law, a will can be granted in three valid forms:
- Testament olographe: entirely handwritten, dated and signed by the testator. Private document.
- Testament authentique: granted before a notaire in the presence of two witnesses or a second notaire.
- Testament mystique: sealed, handed to the notaire who certifies the deposit without knowing its content (increasingly rare).
For use in a Spanish succession, the testament travels with:
- Acte de notoriété from the French notaire (declaring heirs under the testament).
- Apostille from the competent Cour d'Appel.
- Sworn translation into Spanish by a MAEC translator.
EU Regulation 650/2012: law applicable to the succession
The European Succession Regulation sets the central rule: the law applicable to the succession is that of the country of habitual residence of the deceased at death, unless the will expressly chooses national law (professio iuris).
Practical consequences:
- A British citizen who lived in Spain and dies in Spain, with assets in both countries, sees their succession governed by Spanish law (forced heirs, legítima), unless the Will explicitly chose English law.
- A French citizen habitually resident in Spain is in the same position: Spanish law unless professio iuris of French law.
- The UK does not apply the Regulation, but UK courts recognise the Regulation's choice-of-law rule when assets are in Spain.
The sworn translation of the will must preserve the choice of law if present, because it is decisive.
Terminology the translation must respect
Some core succession-law terms in English and French law have no literal Spanish equivalent:
English:
- Testator → testador
- Executor → albacea
- Beneficiary → beneficiario
- Residuary estate → caudal hereditario remanente
- Pecuniary legacy → legado pecuniario
- Specific legacy → legado específico
- Trust → fiducia (the term "trust" has no direct equivalent in continental Spanish law; sworn translation preserves it with explanation)
French:
- Testateur → testador
- Exécuteur testamentaire → albacea
- Légataire universel → legatario universal
- Légataire à titre universel → legatario a título universal
- Légataire particulier → legatario particular
- Quotité disponible → porción disponible
- Réserve héréditaire → legítima
- Mandataire à effet posthume → mandatario con efecto póstumo
A MAEC sworn translator with succession experience preserves these terms with the precision Spanish notaries and registries demand.
Common mistakes
- Accepting a non-sworn translation of the will. The Land Registry and Spanish notary will reject it.
- Not apostilling before translating.
- Assuming the English Will applies automatically without checking habitual residence and professio iuris.
- Ignoring the Codicil (addenda to the will). They must be translated too, alongside the main will.
- Forgetting the Grant of Probate when there is a UK Will. Without it, the Will has no full effect.
- Forgetting the acte de notoriété when there is a French testament. Same logic.
In short
The foreign will is a delicate legal piece that the sworn translation must respect precisely. At Textualia we translate Wills and Codicils from English and Welsh law, as well as testaments olographes, testaments authentiques and actes de notoriété from French law, into Spanish, with command of comparative succession law and a closed turnaround. Translations are delivered as electronically signed PDF and, for use before a notary in an immediate operation, in physical copy by certified courier within 1-2 business days.