How to make a will in Spain without leaving home
von María José García Garrido
In the current state of alarm we are living in and in full confinement the law allows you to make a will in Spain without leaving your home.
Under normal circumstances, making a will is as easy as making an appointment at a notary's office and telling the notary what your last will and testament is.
However, the situation of confinement combined with their concern to get their inheritance situation in order makes us ask some questions that we try to clarify up in this post.
The big question is: Do I have my legal status sorted out so that my will is always carried out?
In addition, the current situation caused by COVID-19 makes it impossible to travel to another country. So, if you do not live in Spain but have property here, how can you make a will in Spain if you cannot travel?
German, Swiss or British citizens who can not travel to Spain due to current mobility limitations.
There is a suitable option to solve this problem.
Have you made a will in Spain?
We always advise our clients from the moment they become owners in Spain to make a will before a notary.
We must not think that something bad can happen, but it is more a question of feeling calm because his will, will always be fulfilled.
Acting in accordance with our wishes helps us to live in peace.
Now, if you are an owner in Spain but did not make a will you can do so without leaving home. For such a will to be valid, it is very important to take into account the legislation of the testator if it is signed outside Spanish territory. In other words, the requirements of the legislation of the foreign citizen who wishes to make a will in Spain are compatible with Spanish legislation.
How to make a will without leaving home according to Spanish law
Although we cannot travel to other countries at this time, Spanish legislation allows a legal solution to grant holographic wills.
How does the holographic will work?
- It is a will written by the testator in his own handwriting.
- It can be done without the intervention of a Notary.
- No witnesses are required.
5 requirements for a holographic will to be valid
- The testator must be over 18 years of age.
- If the testator is a foreigner, he or she can write it in his or her own language.
- The entire will must be written by the testator and signed by him.
- The year, month and day of the will shall be recorded.
- If words are crossed out, corrected or added between lines, the testator himself must save them under his signature.
Effectiveness of the holographic will
During the life of the testator, the holographic will remains effective without the need to present the will to a Notary.
Upon the death of the testator, the person in possession of the holographic will must present it to the Notary within 10 days of learning of the death.
If he does not do so, any interested party in the estate may ask the Notary to require the person who has the will to present it to him.
Once the will has been presented and the death has been verified, the Notary will proceed to take its contents for granted.
Our advice if you have already made a holographic will
Our advice if you have already made a holographic will at a time when it seemed necessary to make such a form, we recommend that you then re-sign your will before a notary for the legal security of the testator.
You should bear in mind that a holographic will, despite being legal, entails more problems later than a will made before a notary, especially in all matters relating to formalities.
These are the most important issues you should know about the holographic will, but you should always seek advice on your particular case from a lawyer who specializes in inheritance.
Do you have any questions?
Contact us now.
We will answer you in English, German and Spanish.
María José García Garrido
Abogada (Spanische Anwältin)
Avda. del Pla 130, 1º piso, oficina 1.05
E-03730 Jávea (Prov. Alicante)
Tel. 0034 96 646 08 58
Tel. 0034 96 646 08 59
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- Erbrecht Spanien
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