Types of Wills in Spain
The Spanish Civil Code recognizes several forms of will, although the most common in practice are the open notarial will and the holographic will. Knowing the differences between them will help you choose the most appropriate one according to your situation.What is the Open Notarial Will?
The open notarial will is the most common type in Spain. It is granted before a notary, who drafts and protocolizes it, registering it in the General Registry of Acts of Last Will. The notary attests to the identity and capacity of the testator, and the document is kept in the notary's office.Advantages of the Notarial Will
- Full legal security: the notary provides public faith of the act.
- Included legal advice: the notary verifies that the content complies with the law.
- Secure custody: the original is stored in the notarial protocol.
- Automatic registration in the Registry of Acts of Last Will.
- Simple execution: after the death, the heirs only need the death certificate and the certificate of last wills.
Disadvantages of the Notarial Will
- Requires payment of notarial fees (regulated by tariff, between 30 € and 90 €).
- Until now, it required traveling to the notary (although with electronic signature, it is no longer necessary).
What is the Holographic Will?
The holographic will is the one that the testator writes, dates, and signs entirely in their own handwriting. No notary is involved at the time of granting. For its validity, it must be entirely handwritten (not typed or on a computer), with a full date and the testator's signature.Advantages of the Holographic Will
- Free: it does not generate notarial fees.
- Privacy: only the testator knows it while alive.
- Immediacy: it can be drafted at any time.
Disadvantages of the Holographic Will
- Greater risk of challenge: without the notary's attestation, the testator's capacity or the signature's authenticity may be questioned.
- Mandatory subsequent protocolization: after death, it must be protocolized before a notary (a complex and costly process).
- Risk of loss or destruction: there is no official custody.
- Not registered in the Registry of Acts of Last Will automatically.
- Strict formal requirements: any error (incomplete date, part typed) invalidates it entirely.
Which One is More Recommended?
In practice, the open notarial will is the most recommended option for most people. It offers all legal guarantees, avoids complications for heirs, and the notarial cost is very low. The holographic will may be useful in emergency situations or when total privacy is desired, but it involves significant legal risks. Additionally, with the option to process the notarial will online via videoconference with the notary, traveling is no longer necessary. The cost and convenience are practically the same as for the holographic will, but with all the guarantees of the notarial will.Quick Comparison
| Characteristic | Open Notarial Will | Holographic Will |
|---|---|---|
| Notarial Intervention | Yes (public faith) | No (during life) |
| Cost | 30 – 90 € | 0 € (but subsequent protocolization) |
| Legal Security | Very High | Low |
| Automatic Registration | Yes | No |
| Online Possibility | Yes | Always (handwritten) |