Wills

As you may know a will is not exclusively about making sure that the right people will inherit your belongings without disagreement or problems. It is a formal declaration of intention made by a person in his lifetime of his wishes concerning the disposal of his property after his death.

There are many doubts that non-residents have about the distribution of their goods in Spain when they die. If you are in this situation we strongly recommend you always make a will for the goods you own on Spanish territory because this way you simplify the administration of your heritage for your children or each other person that has a direct interest in your heritage. Then you can decide the distribution of your Spanish assets.

If a foreigner dies in Spain without making a will their estate can be disposed of under the Spanish law of compulsory heirs.

There are two different ways of successions:

1. Testate Succession, which arises when the deceased person has expressed his wishes in the form of a will.

2. Intestate Succession, which arises when a person dies in testate. In this case the statutory law rules will govern the distribution of the in testate' estates upon the assumption that people who die in testate would have wished to make provision for beneficiaries. As these important decision where not made while capable, these decisions are left up to the Spanish law.

Three types of Spanish will:

1. The first is known as an open will. This is the normal and most suitable kind of will for most people. Its contents must be known to the Notary who is responsible for ensuring that the will is a legal and properly drawn up document. If you do not understand or speak Spanish fluently, you will need a translation into English or the language of your home country or it can be signed in two columns (one in each of the languages) in presence of a Notary. The original of the will should be kept in the Notary's office and will be registered in the Registro de Ultimas Voluntades (Spanish Central Registry of Wills) which is situated in Madrid. The Notary will give you a copy of the will.

2. If you wish the content of your will to remain a secret, you can have your lawyer draw up a closed will. You then take the will to a Notary who seals the envelope and signs it along and then files and records it as for open will.

3. You can make what is known as holographic will, in your own handwriting, but this has to be authenticated as genuine before a judge, which means more time, trouble and expense.

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