How is a will drawn up and can I register it?
Last update: 10/3/2012
In Spain the usual forms of will are as follows:
- An open will, executed before a notary;
- A sealed will, drawn up by the testator and executed before a notary or before a judge (either as an open or sealed will);
- A holograph will which must be written in full and signed by the testator him/herself;
- An international will, in accordance with the Treaty of Washington.
Wills are registered with the General Register of Wills and Testaments. Notaries must communicate the existence of a will.
In addition to these usual forms of wills there are also privileged wills, drawn up in exceptional circumstances (such as at sea or where there is an imminent risk of death). However, these privileged wills are only valid for a maximum of 4 months, after which the testator should draw up a will in one of the usual forms. Testators can also draw up a will before a diplomat or consular official abroad with the same formalities as in the case of a will executed in the presence of a notary in Spain.
Testamentary dispositions drawn up abroad are recognised as valid as regards their form if they comply with the with the internal law:
- of the place where the testator made it, or
- of a nationality possessed by the testator, either at the time when he made the disposition, or at the time of his death, or
- of a place in which the testator had his domicile either at the time when he made the disposition, or at the time of his death, or
- of the place in which the testator had his habitual residence either at the time when he made the disposition, or at the time of his death, or
- so far as immovables are concerned, of the place where they are situated.
The testator may (but is not obliged to) appoint an executor either to settle or administer the inheritance. The administration of an inheritance is limited to a maximum period of one year, which can be extended for a further year.
Detailed information
What are the conditions governing the validity of a will as regards its form and substance?
In order for a will to be valid, its author must have the capacity to make a will and the intention and freedom to draw up a will autonomously. Respect of requirements of form is also a condition governing the validity of the will. Forms permitted: the open will, issued by a civil law notary; the closed will; the holographic will; the will established in exceptional circumstances (such as at sea or in the event of danger of immediate death). However, these privileged wills have a maximum validity of four months after which the testator must use ordinary forms of will. The testator can also draw up a will before a Spanish diplomatic or consular official abroad with the same formalities as the Spanish notarial will.
What are the conditions governing the validity of a will drawn up in another State?
Article 1 of the Hague Convention of 1961 on the law applicable to succession applies.
Are agreements relating to a future inheritance authorised? Who can conclude such an agreement? What form must be respected?
Agreements relating to a future succession are not permitted in Spain (ordinary law), but are permitted in certain autonomous communities.
Are there other possibilities for settling a succession?
Donation upon death (only permitted in certain autonomous communities).
Donations, gifts or bequests made when the testator was alive.
There are other possibilities, only permitted in certain autonomous communities.
How and where can I register a will? What is the effect of registration?
Wills lodged with civil law notaries and Public Officers of Spanish Consulates or Embassies abroad are recorded in the Central Register of Wills (Registro General de Actos de Ultima Voluntad) that is contacted electronically by the civil law notary once the will has been drawn up. Registration guarantees access to these documents for succession procedures.
