Wills and Testaments

Owning property in Spain requires careful planning for its future. A well-drafted will ensures that your wishes regarding the distribution of your assets are followed after your passing. This guide explains the importance of wills, the formalities involved, and the different types of wills recognised under Spanish law.

Although not legally mandatory in Spain, having a valid will offers significant advantages:

Control Distribution - A will allows you to determine how your property and other assets are distributed after your death. Without a will, inheritance is governed by the rules of intestacy, which may not reflect your wishes.

Minimise Disputes - A clear, properly drafted will reduces the risk of confusion or disagreements among your beneficiaries.

Appoint an Executor - You may designate a trusted person (executor) to administer your estate and ensure your instructions are carried out efficiently.

Protect Beneficiaries - A will enables you to appoint guardians for minor children or beneficiaries who require special care.

Spanish law recognises several types of wills, each with specific requirements for validity. The two most common types are:

Open Will (Testamento Abierto) - The most widely used type in Spain. It is executed before a notary public in the presence of three witnesses. The testator, notary, and witnesses all sign the document, and a copy is kept by the notary.

Closed Will (Testamento Cerrado) - The will is written by the testator, placed in a sealed envelope, and presented to a notary in the presence of three witnesses. The notary verifies the identities and issues a certificate acknowledging the presentation.

Important: Regardless of the type of will, it is essential that it complies with Spanish legal formalities. An improperly drafted will may be declared invalid, potentially causing delays and complications in distributing your assets.

Holographic Will (Testamento Ológrafo) - A handwritten will signed and dated by the testator. While legally recognised, it carries a higher risk of being invalidated for failing to meet formal requirements.

Will Made in Danger of Death (Testamento en Peligro de Muerte) - An oral will made in the presence of two witnesses when the testator faces imminent death. It must later be formalised as a standard will within a specified period to remain valid.

A will is not permanent. You may revoke or amend it at any time while of sound mind:

Drafting a New Will - Creating a new will that explicitly revokes previous wills is the simplest method.

Partial Revocatio - A new will can revoke specific provisions while leaving the rest intact.

Physical Destruction - Destroying the original signed will with the intention to revoke it may be valid, but it is advisable to do this in the presence of witnesses to prevent disputes.

Amendments (Codicils) - Changes to an existing will can be made through a codicil, a supplementary document that modifies certain parts of the will. The codicil must follow the same formalities as the original will.

International Assets - If you own property in Spain and another country, consult legal professionals in both jurisdictions to ensure your will is valid internationally. This is often referred to as an “international will.”

Spanish Inheritance Law - Understanding forced heirship rules (Legítima) is crucial when drafting a will to ensure an efficient process and minimise conflicts.

Professional Guidance - A qualified inheritance lawyer can assist in drafting a will that meets your needs and complies with Spanish law. They can also advise on the most suitable type of will and ensure your wishes are clearly documented.

A properly drafted will is a fundamental part of responsible estate planning, especially for property owners in Spain. Understanding its importance, the formal requirements, and available options helps ensure your assets are distributed according to your wishes and reduces potential complications for your loved ones. Consulting a qualified inheritance lawyer is highly recommended.

Seek Legal Advice - Engage a Spanish inheritance lawyer to understand your specific requirements.

Use Legal Representation - Have your will drafted or reviewed professionally to comply with all formalities.

Store Your Will Safely - Keep the original signed will in a secure location and inform your executor of its whereabouts.

By following these steps, you can make the inheritance process smoother for your beneficiaries.

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