What happens if the deceased made several wills?

Inheritance in the event of the death of a family member can be complicated in some cases, one of which is the existence of different wills that make the deceased’s last wishes unclear.

What is a will?

A will is a legally valid document in which a person, called the testator, expresses his or her wishes regarding the distribution of his or her assets upon his or her death.

The act of making a will is highly personal, revocable and free, which allows the testator to decide on the distribution of his or her assets.

In addition to the distribution of assets, other elements may be included in the will, such as the designation of an executor, a legacy, or the protection of family members.

There are different types of wills:

Public Will. It is executed before a notary, who attests to the testator’s wishes.
Holographic will. Written in the testator’s own handwriting.
Closed Will. The testator hands the notary an envelope containing his or her last will and testament, without the notary knowing its contents.
Special wills. Such as military or maritime wills, which are used in specific circumstances.

Can there be multiple wills from the same person?

Yes. It may be the case that the same person has made several wills because they wanted to change their wishes, because they forgot, or because there were errors in the content of previous ones.

What happens to the inheritance if the deceased had several wills?

It may happen that a person has made more than one will during his or her lifetime, and these do not coincide in content.

The most common disputes may arise in the designation of heirs or the distribution of assets. However, there may also be errors in the will, or the testator may have been the victim of fraud or coercion.

What to do if there are multiple wills

If this situation arises, the first thing to do is to find out what the deceased’s last will and testament was, as this will prevail over previous ones.

To obtain this information, you must request a certificate of last will, which is a document that indicates whether a person has made a will, before which notary, and on what date.

If the will is public, you can request a copy from the notary who has it. If the will is holographic or closed, the person in possession of it must present it to a notary for opening, validation, and protocolization.

If there is more than one will with the same date, or if it cannot be determined which is the most recent will, legal action will have to be taken so that a judge can resolve the dispute.

The judge will examine the wills and assess the circumstances of each case to decide which best reflects the deceased’s wishes. The judge may also declare a will voidif he or she believes it does not meet the legal requirements or that it was made under duress, deception, or violence.

Can the last will be revoked so that one of the previous ones remains in effect?

As a general rule, the last will and testament made by the testator prevails. This last will annuls the previous ones, rendering them null and void, unless the testator expresses his or her desire for the previous will to remain in full or in part. In other words, they can coexist if the latest will is merely clarifying or complementary.

But, as in almost all situations, there are exceptions. Under certain circumstances, it is possible to determine the nullity of the will, so the immediately preceding one should be applied.

The reasons why a will may be declared void are if there has been deceit, fraud, or violence, or if the requirements established by the Civil Code for executing a will have not been met.

The will may be challenged by anyone with a legitimate interest. This includes heirs, legatees, and presumed beneficiaries.

The procedure for challenging a will is not simple. Although the Civil Code establishes fundamental grounds for invalidity (such as formal defects, lack of capacity, or defects in consent), case law has played an essential role in interpreting and refining these grounds for more complex cases.

Regarding the time to do so, the period for exercising an absolute nullity action does not expire, while the relative nullity action has a statute of limitation of 4 years from the date it could be exercised.

To begin this procedure, it will be necessary to obtain the previous will.

The following requirements must be met to request it:

Evidence of death: An original death certificate must be provided; photocopies are not valid.
Legitimate interest: The applicant must demonstrate they are an heir, legatee, or someone with a legal right affected by the previous will.
Certificate of Last Will and Testament: This document is required for the notary to verify the existence of the previous will, confirm its date of execution, and determine the applicant’s legal standing to obtain a copy in relation to the most recent will.

In the event of multiple wills, the priority is to apply the most recent will, which normally revokes the previous ones. This last document can be annulled in some cases, following a complex and lengthy procedure. If you have any questions after reading this article, you can contact us through the following channels.

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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