Making a Will in Barcelona as an Expat: Notary, Catalan Law, Steps

Most people meet a Barcelona notary to buy a flat, not to think about what happens after they die. For someone with a home, savings or family in more than one country, a will raises a question that does not arise at home: which country's rules apply to it. This guide sets out what the official sources say. It is information, not legal advice.

Which law applies to my estate if I live in Barcelona?

As a rule, the law of the country where you last habitually lived. The European e-Justice portal says the EU Succession Regulation applies to people who die on or after 17 August 2015, and that its default is the law of the Member State of the deceased's last habitual residence, so a cross-border estate is treated under a single law and by one authority. Spain itself has seven inheritance systems, according to the e-Justice fact sheet for Spain: the common Civil Code applies in most of the country, while Aragon, Catalonia, the Balearic Islands, Navarre, the Basque Country (Euzkadi) and Galicia have their own, and the last place of residence decides which one applies. For someone living in Barcelona, Catalan succession law is therefore the likely starting point, and a notary should confirm it for your case.

Can I choose my home country's law instead?

Often yes. Your Europe, the EU's citizen guide, says you can choose the law of your country of nationality even if it is not an EU country, and that if you have several nationalities you can choose any one of them. The choice should be made explicitly and clearly, in a will or in a separate declaration. The chosen law governs all your assets wherever they are, including who inherits, disinheritance and reserved shares. It does not decide inheritance taxes, your civil status or your marital property regime.

There are limits. Denmark and Ireland do not take part in the EU rules, so a choice may not be respected if the estate is settled there, and an authority can refuse provisions of the chosen law that conflict with local public policy. Whether choosing your home law suits you depends on your family and your assets, which makes it a question for a notary or lawyer experienced in cross-border estates.

What kinds of will exist in Spain, and which do people use?

The open notarial will is the usual one. The Consejo General del Notariado, the notaries' national body, says several types exist, including the handwritten (ológrafo) and the closed notarial will, but the most common is the open will made before a notary and recorded in a public deed. The notary advises how you can distribute your assets, drafts the will in line with the law, keeps it, and sends a notice to the Register of Last Wills. The e-Justice fact sheet adds that the closed will is no longer in use and the handwritten will is not common.

What is the Catalan legítima?

It is the minimum share Catalan law reserves for certain relatives. According to Conesa Legal, a law firm whose guide was last updated on 16 October 2026, the legítima is one quarter (25 per cent) of the net estate, shared equally among the forced heirs. Those are children, or their descendants if a child has died or was validly disinherited, and parents only when there are no descendants. Siblings and other relatives have no forced share. The firm describes the right as a claim to money equal to the share, not to specific property, and says the claim expires after 10 years. A surviving spouse has no legítima but may have other rights, which that guide does not cover.

For comparison, the e-Justice fact sheet describes the common Civil Code regime as reserving two thirds of a parent's estate for children, with one of those thirds directable among them, so Catalonia reserves less. The legítima figures here come from a law firm, a secondary source, so confirm the exact rules in Book Four of the Catalan Civil Code with a notary.

How do I check whether someone left a will?

Ask the Register of Last Wills for a certificate. The e-Justice fact sheet says notaries must register the wills made before them in the General Register of Last Wills, kept by the Ministry of Justice, and that after a death it is open only to people who prove a legitimate interest in the inheritance. The Ministry's online service sets these conditions:

• The request cannot be submitted until 15 working days after the date of death
• Online filing is possible only if the death was after 2 April 2009 and was not registered in a juzgado de paz. Otherwise apply in person or by post with the literal death certificate, using form 790
• Online, you log in with Cl@ve and pay fee 006 through the Tax Agency gateway. The page does not state the amount
• Once ready, the certificate can be downloaded within 90 calendar days, after which you must apply again
• A certificate for use abroad must be legalised

The Consejo General del Notariado said in 2015 that Spanish notaries would issue the European Certificate of Succession, which lets heirs, legatees and executors prove their status in other EU countries. The e-Justice portal says that once issued, it is accepted in any Member State without a special procedure.

Is there inheritance tax, and when is it due?

Yes, and the deadline is short. The Agència Tributària de Catalunya says you have six months from the date of death to self-assess the tax and submit the documentation. You can request an extra six months before the fifth month ends, and the extension carries interest. The e-Justice portal notes that inheritance tax sits outside the EU succession rules, so it is set separately. Rates and reductions depend on the relationship and change over time, so check the Catalan Tax Agency or ask a gestor or lawyer.

What can I prepare before I see a notary?

These are practical suggestions rather than sourced rules, but they make the first meeting more useful:

• List your assets in each country, and note any will you have already made elsewhere
• Decide who you want to benefit and who should look after any children
• Ask whether choosing the law of your nationality makes sense for your family
• Ask for a quote and for the documents the notary will need

To understand what a notary does in general, see our guide to notaries in Barcelona and their fees, and for choosing a lawyer, how to check the type of lawyer and their registration.

Checked English-speaking notaries, by neighbourhood: All of Barcelona, or by area: Eixample, Poblenou, Sarrià-Sant Gervasi, Les Corts, Diagonal Mar & Vila Olímpica, Gràcia, El Born & Barri Gòtic and Sants.