Here you may find usefull advice, hints, tips and lots of info. regarding wills

1. Who can make a will in Spain?

As a general rule, the testator must be, at least 14 years of age, and legally capable to make a valid will.

2. Types of wills

2.1. Holographic will

Anyone who had come of age can make this type of will.

It shall be written entirely in the handwriting of the testator and shall be dated and signed by him.

It must be verified as genuine before a judge. It is required that the handwriting of the decedent be authenticated by witnesses, who must be the decedent’s closest relatives.

Once it is verified, the judge will enforce the will’s contents. The estate shall be distributed in accordance with the provisions of the will.

2.2. Open will

This is the usual form of will for most people in Spain. It is made before a Notary, who shall keep the original document in his files. The Notary will send a notification of the will to the Central Registry of Spanish Wills (Registro Central de Última Voluntad) located in Madrid.

The Notary may request the presence of 2 witnesses, who can also be required in case the testator is blind or illiterate.

It must be shown that a minor, a person who is blind, deaf, dumb, and the spouse and closer relatives of the testator cannot act as witnesses.

2.3. Closed will

Executing this will you will keep secret your provisions putting them in an envelope.
You shall declare before the notary that your provisions are contained in the envelope and declare whether you have written them by yourself or it has been written by a third person, also you shall declare whether you have signed it or it has been signed by a third person for you.

The notary then seals the envelope and signs it, then he files it and send a notification of the will to the Central Registry of Spanish Wills (Registro Central de Última Voluntad) located in Madrid.

This will cannot be made neither by blind nor by illiterate persons.

3. The Central Registry of Spanish wills

Every will has got a certification number in Spain which is kept on file to the Central Registry of Spanish wills (Registro Central de Última Voluntad) located in Madrid. The certification numbers of all Spanish wills are kept in this place in order to ensure that the estate neither be sold nor transferred illegally.

A legal copy of a will can always be found there. In case you don’t know whether the decedent made a Spanish will or not, or if the will is lost, you can request a certificate to the central registry under the deceased person’s name. If the will exists, the registry will provide you with the number and the name of the notary who made it in the first place,this will enable you to get a copy of the will from the notary.

The certificate can only be applied within15 days after the testator’s death.

4. Revocation of the will

To revoke a will the testator must have the same mental capacity as it is required in making one.

The provisions made in a will can be revoked even when the testator had previously declared his intention of not revoking these.

A will may be revoked by the execution of a new will, which may amend, replace or make ineffective all prior wills. It can also be revoked when the testator declares before a notary his intention to cancel or keep any of the provisions of the will. The alterations shall be made under the same conditions as in making the previous will.

If there is more than one will, only the last one made is legally valid. You can be informed about the number of wills the decedent made by requesting for a certificate to the Central Registry of Spanish Wills.

5. Nullity of will

A will is null and void in any of the following cases:

The “joint will” with provisions agreed upon by two or more persons.
If the testator had no legal capacity to make it.

The will made by a testator who is subject to domination, fraud or duress.
When the testator designates as beneficiary a person who is unknown and cannot be identified.

When the testator designates as beneficiary a person who is not legally capable.

If the testator had revoked the will.

An olographic will is null if it is not filed before the Judge within 5 years after the testator’s death.

A closed will is null if its covers or the envelope containing it are damaged, or if the signatures are deleted… unless it can be proved that the testator damaged his will during a state of mental derangement.