Knowledge Base
Types of Spanish Wills
Have you received a Spanish will from a client or from a relative and you don’t know where to start? This handy article will help you to understand the different types of will that can be made in Spain.
Different types of wills
1. An “open will” (testamento abierto)
This is the most common type of will and is usually drawn up before a notary (notario). The person making the will, known as the testator (testador), informs the notary – orally, in writing or by other technical means – of their wishes as regards the distribution of their estate upon death and the notary will prepare the will in accordance with those wishes. The will is then signed by the testator, the notary and any witnesses.
The main benefits of an open will are as follows:
- a record of the will is kept in the notary’s archives, which can later be used for evidential purposes (see also the article on registration of wills)
- it is a relatively inexpensive way of making a will
- it does not require legalisation or authentication of any kind.
2. A “closed” will (testamento cerrado)
Less common, this is a will written by the testator privately and sealed inside an envelope in such a way that the seal cannot be broken. The notary may be involved in the closing (and subsequent opening) of the will but does not know the contents of the will. This will may be kept by the testator or handed over to a trusted person or kept by the notary.
A person in possession of a closed will must present it to the notary within 10 days of learning of the testator’s death.
3. A “holographic” will (testamento ológrafo)
This is a handwritten unwitnessed will. It must be written in the testator’s own handwriting, signed and dated and it must be clear that this is a will and contains testamentary dispositions.
Foreign nationals may write a holographic will in their own language.
A holographic will needs to be submitted to the notary within five years of the testator’s death. The notary will carry out formalities for verifying the authenticity of the will.
4. Special wills
These include military and maritime wills as well as wills made in a foreign country.
What kind of will is it?
If you’re looking at a Spanish will, it may not be clear at first glance which type of will you are dealing with as the title of the document may simply be “TESTAMENTO“. If it’s an open will, you will usually find a mention of “testamento abierto” in the body of the will and the notary’s details and stamps will often be a good indicator.
Another thing worth noting is that you may be required to obtain an authenticated copy (copia autorizada) of the will from the notary in whose presence it was drafted. The simple or uncertified copy that is usually given to the testator (look for the words “copia simple” on the will) may not be enough.
Final comments
If you’ve received a copy of a Spanish will that may concern you, your client or someone else and you are interested in having the will translated professionally so that you can confidently understand precise rights and obligations under that will, please click the Request a Quote button.
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Key terms:
Notario: Notary
Testamento abierto: Open will
Testamento cerrado: Closed will
Testamento ológrafo: Holographic (handwritten) will
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