Ensure your estate and assets are handled correctly in Spain

A will is a legally-binding document that determines how your wealth will be distributed after your death. It establishes what happens to your assets, like cash or real estate, in the event you die rather than letting existing laws make decisions for you.

Wills are very common but they differ greatly from country to country. Spain doesn’t allow foreign courts to distribute Spanish assets, so a Spanish will will protect what happens your Spanish assets. Without a will, the estate will be distributed according to national law and sometimes the law can be interpreted and applied differently throughout the country.

What are the different types of Will?

Open will – This is the most common Will today because of its enormous advantages. It consists of recording the last Will with a notary and it gives the Testator the certainty that the Will is within the law.

A notary ensures that all legal formalities are complied with and that the content of the will is legally binding. The notary is also responsible for the conservation of the Will and, through the General Register of Last Wills, ensures that the last Will is known at the death of the Testator. They guarantee of secrecy and confidentiality of the Will during the Testator’s lifetime.

Closed will – The notarial closed Will is also made before a Notary but it is written by the Testator and delivered to the Notary in a sealed envelope. The Notary does not know the contents.

Once the envelope has been delivered, the Notary records that the envelope was sealed, as well as other legal requirements, and the record is signed by the Testator and the Notary. Once the minutes have been recorded up by the Notary, the sealed envelope containing the Will may remain in the Testator’s possession or be given to another person for safekeeping. The Notary may also take possession of the Will.

How can a AMARMAT help me ?

Managing and processing an inheritance or succession is far from simple. There are many different cases and scenarios that can arise in any inheritance. Taking care of all of them personally is almost impossible without the help of a professional.

Besides drafting the document, we also register the document at the Ministry of Justice to validate it. The Last Will and Testament must be signed before a Public Notary and this can be done in Spain but also at a Notary’s office in your country. Any overseas document must be stamped and Apostilled and our fees do not include Notary costs.

What are the requirements for Wills?

Each of Spain’s Autonomous Communities has its own laws for Wills, however the differeneces are mostly minimal. Generally speaking, the requiremnts are as follows:

• Testator’s Capacity – A person must be at least 18 years old to create a Will. Some Provinces have exceptions for minors if they are married or serving in the Armed Forces. The Testator must be of sound mind, which means that they must be aware that they are making a will. The document must state the property at hand and the parties who will benefit. Many legal challenges surrounding Wills are based on the “sanity” requirement.
• Disposition of Property – The Will must state at least one decision regarding who is entitled to inherit property.
• Declaration – The Testator must declare that the document is their last Will and Testament. Handwritten Wills usually include a clause to this effect. Some provinces require the Testator to state orally that the document is their last Will and Testament in front of witnesses.
• Writing – Most provinces require a written Will. Few states allow oral wills, and only in very specific circumstances.
• Signature – The Will must be signed by the Testator. However, if they are physically unable to do so, some provinces allow the document to be signed by a witness.
• Presence of witnesses – Most provinces require that the signing of the will to be witnessed by at least two people over 18 years old. Other provinces require witnesses are not entitled to benefit from the Will. The witnesses may be subpoenaed at a later date to verify their signatures and the Testator’s capacity, so many must submit an affidavit at the time of signing the Will.
• Execution – The Will must statewhere it was signed, the date, and the witnesses that were present.