Granting a valid will before a notary in Spain is the safest method to decide the fate of your assets. The document acquires legal force from the moment of signing. Many people delay this decision until an urgent need arises.
The notarial will avoids erroneous interpretations. The notary verifies the identity and capacity of the testator. The text is stored in the notarial protocol with all guarantees.
Types of wills in Spain
The open notarial will is the most commonly used format. The notary drafts the document according to the testator's verbal instructions. At the end of the meeting, he reads the full text aloud. The testator confirms that it exactly reflects his wishes and proceeds to sign.
The closed will follows a different path. The testator delivers a sealed envelope to the notary. The notary draws up an act certifying the delivery without knowing the content. This type is used when one wishes to keep it secret until after death.
The holographic will is written by hand from beginning to end. It does not require notarial intervention in its creation. After death, the heirs must present it to a notary for protocolization. This format generates more challenges than notarial wills.
The choice of type depends on each situation. The open one offers greater security because the notary advises during the drafting. The closed one preserves confidentiality. The holographic one is more economical but risky.
There are also special wills regulated in the Civil Code for extreme cases such as epidemics or military situations. These cases are hardly applied in daily life.
Legal requirements for a valid will
The testator must be of legal age and in full use of his faculties. The law requires that the will be free and conscious. The notary evaluates these aspects before beginning the drafting.
The content must respect the legitimate portion. In most autonomous communities, descendants have the right to two-thirds of the estate. The testator freely disposes of the remaining third. In some regions like Navarre or the Basque Country, the rules of the legitimate portion vary.
The Civil Code regulates wills in articles 657 to 744. The Notaries Act establishes the formalities that the notarial act must comply with. The document must include the date, place, and identification data of the testator.
Witnesses are not required in the open notarial will for years now. In the closed one, they are required in certain cases. The notary indicates in each situation which formalities to apply.
The will can be modified as many times as necessary. The last one granted renders the previous ones ineffective insofar as they oppose it. This possibility allows adapting the document to family or asset changes.
Preparation and necessary documents
Before requesting an appointment, it is advisable to prepare the information. It is recommended to make a list of assets: real estate, bank accounts, vehicles, stocks or shares in companies. It is also necessary to clearly identify the heirs with full names and ID numbers.
It is useful to decide if an executor is appointed. This figure is in charge of executing the provisions of the will. A guardian for minor children can also be indicated in case of the death of both parents.
Regarding the documents, the main one is the DNI or NIE in force. Foreign citizens must provide a passport and registration certificate. The family book helps to prove marital status and the existence of children.
If specific assets are to be described, it is convenient to bring simple notes from the Property Registry or copies of deeds. It is not mandatory but avoids errors in the descriptions. There is no need for a certificate of last wills because that document is requested after death.
A draft can be prepared with the main points. This draft has no legal value but organizes the ideas. The notary can start from that text to draft the final document.
The step-by-step procedure before the notary
The appointment is requested by phone or through the notary's website. The reason is indicated so that they reserve the necessary time. Some notaries attend the same day if there is availability.
On the day of the signing, the notary requests the DNI and verifies the identity. He asks if there is a previous will and what is the reason for the new one. Next, he collects the instructions about heirs and distribution of assets.
The notary drafts the text. Once finished, he reads it completely and slowly. The testator can request changes or clarifications at any time. When the text is correct, the signing proceeds.
The testator signs each page. Then the notary signs and places his seal. The original is filed in the notary's office. The testator receives an authorized copy. The average price of a simple will ranges between 40 and 90 euros depending on the complexity.
After signing, it is not necessary to register the will with any public body. Only after death do the heirs request the Certificate of Last Will Acts at the Ministry of Justice to know which notary holds the document.
Practical example: case in Valencia
Carlos lived in Valencia and was 64 years old. He was married for the second time and had a son from the first marriage and two daughters from the second. He owned an apartment on the beach of El Saler, a home in the center of Valencia, and balances in several accounts. He wanted to prevent his children from arguing about the distribution.
Carlos requested an appointment at a notary in the center. He brought his DNI, the updated family book, and the deeds of the two properties. He explained that he wanted to leave the usufruct of the main home to his current wife and that the three children would receive equal parts of the rest of the estate.
The notary asked him about possible debts and if he wanted to appoint an executor. Carlos decided that one of his daughters would act as executor. The notary drafted the will in 25 minutes. He read the complete document. Carlos requested only a small change in the wording of one clause.
The signing was completed in less than an hour. Carlos paid 65 euros. He received his copy and kept the receipt. Two years later, he changed his mind about the executor and granted a new will. The previous document was automatically revoked in what contradicted the new one.
This case shows how a notarial will resolves complex family situations. The precise drafting avoided subsequent interpretations and reduced the risk of conflict among the three siblings.
These procedures can be carried out by videoconference when the requirements of the current regulations are met.