Spanish Will

In a previous post we talked about contesting a Spanish Will, but do you really know what a Spanish Will is and what are the advantages of making one?

Common Spanish Wills include handwritten wills, open wills and closed wills, while special will include military wills, maritime wills and wills made in a foreign country.

One of the doubts that may arise in relation to wills is: at what age can I make a will? The answer to this question is that you can make a will from the age of 14.

Another question that may arise is, what documents do I need to bring with me to sign my will? To do so, you only need to bring your National Identity Document (DNI) or Passport of your nationality.

So we are going to analyse the most common wills, and those that we may encounter on a daily basis, being in this case the open will and the closed will.

The open Spanish will: It is the document that sets out the last will of the testator regarding the use and distribution of his estate after his death. The open will is drawn up before a notary, who is responsible for drafting the testator’s will, always in strict compliance with the inheritance regulations.

Do I need witnesses to sign the will? No, the presence of a witness is only necessary in certain circumstances.

The closed Spanish will: Is the document that is delivered in a sheet or envelope, presented by the testator before the notary or persons who are to authorise the act, and which the testator does not reveal at any time any of his intentions.

The granting of a closed will has three phrases: the previous one, the one of the granting and the custodian.

Here we can think about who can grant this type of will, as it is stated in article 708 of the Civil Code “closed wills cannot be made by persons who cannot write or cannot read. Visually impaired persons may grant it, using mechanical or technological means that allow them to write and read it, provided that he is remaining requirements of validity established in this Code are observed”.

Therefore, this type of will can be granted by anyone who can read and write, with the mínimum age requirement mentioned above.

If you are thinking of making a Spanish will, do not hesitate to contact us. Our department specialised in inheritance will be pleased to help you.