When a foreign citizen makes a will in Spain, must he or she appoint an executor? It is not essential, although it is highly advisable, especially when the relatives or heirs of the testator are not in Spain. The executor will be in charge of speeding up the procedures and shortening the necessary formalities. It is advisable to choose a person trusted by the testator who resides in Spain and can carry out the legal functions of this legal figure, or, failing that, to appoint a lawyer or other professional who also deserves the trust of the testator.

In the case of citizens of England and Wales, if the Spanish will must for some reason have effect in their country of origin (for example, because it includes both assets in Spain and assets in England or Wales), the appointment of an executor is particularly convenient, as the Registry of Probate allows the executor to act on behalf of the estate from the moment of the testator’s death, without having to wait for the Spanish will to be validated, except for very specific transactions, such as the sale of real estate or the administration of investment funds.