My understanding would be that no, the account doesn’t pass by survivorship as it would in the UK; and that a Certificate of Succession would have to be provided to the bank showing who benefits under the Will.
My understanding matches that of Louise Levene - the default position under Spanish Law is that the deceased’s share of joint property forms part of their estate and dos not pass to the survivor.
However, I further understand that, with bank accounts at least, the parties can elect (?) for the account to pass to the survivor.
Accordingly, I suggest the question should be asked of the bank and, if it passes to the survivor, obtain confirmation of their requirements to enable this.
I do not believe the fact that a joint account would pass to the survivor under the law of E&W would override the Spanish Law requirements and enable the survivor to claim the account if the default position under Spanish Law applies.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals