When and how to make a will

A will is something that is rarely talked about because it is reminiscent of death, but it is very necessary.

Knowing when and how to make a will is essential so that when the time comes for death, everything is properly documented.

What is a will?

A will is a declaration in which a person makes a disposition of their assets for after their death. In other words, a will is a document in which a person establishes how their assets will be disposed of after their death.

In addition to distributing assets, a will can also decide on other matters. Among the most common are the recognition of paternity or the assignment of guardianship to dependents.

Who can make a will?

All persons who are not prohibited from doing so by law in article 662 may make a will.

People who cannot make a will are:

People who have not yet turned 14 years old.
Those who at the time of making a will cannot express or shape their will, not even with the help of means or support to do so.
In the case of persons with disabilities, they may grant a will when, in the opinion of the notary, they can understand and express the scope of its provisions.

Types of wills

When it comes to making a will, we find three different types, as we will see.

Notarial will

It is a will that is made before a notary.

It is the most recommended and used.

It is a simple process, in which you only have to tell the notary what you want to do with your assets after your death.

This procedure is also economical, costing around 50 euros.

Holographic will

This type of will is one that is written entirely by the testator in his or her own handwriting.

It cannot be written by mechanical means or by third parties.

The testator’s signature, the date it was written, and the ID number must be included.

Once the person has passed away, anyone who finds the will may present it to the Notary.

A holographic will loses its validity if five years have passed since the testator’s death and the validation and opening process has not been completed. Therefore, it is important that it be submitted to a notary and notarized before this five-year period elapses.

Closed will

A closed will is one that is made when a person decides to draft a will and submit it to the notary in a closed envelope.

Not even the notary can open it for prior review; it is only opened at the time of death and its opening.

It is different from a holographic document since, in the latter case, the person keeps it at home without depositing it with the notary.

It’s not advisable to make a closed will because of the risk of drafting it incorrectly and preventing the person’s wishes from being carried out. It’s always best to review it with a notary or lawyer to ensure its validity.

When to make a will

There is no specific time when a will must be made.

It should be done when the testator deems it necessary depending on personal and financial circumstances.

The recommendation is to do so before suffering any illness or accident. If this happens, the law will decide what to do with the deceased’s assets.

Perhaps the ideal time to make a will is when you have achieved stability in life.

In any case, the testator may revoke the will whenever he or she deems it appropriate.

Where to go to make a will

The usual thing to do when making a will is to go to a notary and present your identification document.

The notary’s intervention ensures that all legal formalities are met. Furthermore, the document will be preserved and a copy will be given to the testator.

How to make a will

There are different ways to make a will, as we will see.

How to make a will without a notary

Without a notary, the will that is made is called holographic.

It is a document written and signed by the testator, in his own handwriting.

This type of will is rarely used because its characteristics often generate problems of authenticity and validity, which end in legal proceedings requiring costly expert and witness evidence to determine its effectiveness.

The way to make a will without the presence of a notary is by making a holographic will.

How to make a will before a notary

First, the testator must go to the notary office of his choice, one he trusts or one close to his home.

The will is drafted on the same day or in advance, if it is necessary to resolve doubts about the content of the will, through an appointment with the notary who will advise you on everything you need regarding the drafting and content of the will.

The notary identifies the person who comes to him, asks for the identity card and then checks whether the testator has full testamentary capacity. A will is a document in which a person establishes what will happen to their property and other important matters after their death. A holographic, open or closed will may be drawn up by any person who is not prohibited from doing so by law or who is not in one of the cases listed in the legislation.

Further information

This article is part of our service Inheritance in Spain. Visit this section where you will find all the useful information on this topic, including a complete guide on Inheritance in Spain with a non-resident, expat or foreigner.

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