Making a will in Mallorca when you have family or property abroad
If you live in Mallorca, own property here or have family in several countries, a will is worth discussing with a notary or a lawyer experienced in cross-border estates. Start by listing where your assets are, where you normally live, which nationalities you hold and whether you already have a will.
Take your existing wills and a list of assets
Bring copies of existing wills, your identity documents and a summary of your property, accounts and other assets by country. Note who owns each asset and any family circumstances that might affect your plans. Ask about executors, guardianship wishes for children, and provisions for anyone who depends on you.
Ask which succession law may apply
Under the EU Succession Regulation, the general starting point is the law of the country where the person was habitually resident when they died, subject to exceptions. The regulation allows a choice of the law of a nationality you hold, if made in the required way. Ask how that choice, your circumstances and any applicable regional or foreign rules would interact. Have inheritance tax considered separately.
Coordinate documents before signing
Ask whether one will or coordinated wills are suitable for your estate. If you already have a will, have the wording checked for unintended revocation before you sign a new one. Ask what language the notary will use and whether an interpreter is needed. Keep a note of where signed documents are held and review them after a major change in family, residence or assets.
Useful vocabulary in English, Spanish and Catalan
| English | Spanish | Catalan |
|---|---|---|
| Will | testamento | testament |
| Notary | notario / notaria | notari / notària |
| Heir | heredero / heredera | hereu / hereva |
| Habitual residence | residencia habitual | residència habitual |
| Inheritance | herencia | herència |
| Choice of law | elección de ley | elecció de llei |
Frequently asked questions
Do I need a separate Spanish will if I own a property here?
The answer depends on your existing documents, assets and succession plans. Ask a cross-border adviser whether a coordinated Spanish will would help in your case.
Can I choose the law of my nationality?
The EU rules allow a choice of the law of a nationality you hold, subject to formal requirements. Get advice on how to state the choice and what it would mean.
Does the succession law choice determine my inheritance tax?
Inheritance tax follows separate rules. Ask for advice on the tax position in each relevant jurisdiction.
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