Drafting a will in Spain: A comprehensive guide

In Spain, it is entirely permissible to draft your own will without the assistance of a notary, provided certain requirements are met. This article outlines the essential information you need to know about creating a legally binding will in Spain.

In the Spanish legal system, notaries play a crucial role. They oversee, organize, and validate documents, ensuring that all paperwork is properly prepared for submission to courts, land registries, or other official entities. A significant part of their responsibilities involves drafting wills and testaments, ensuring they comply with legal standards to facilitate a smooth inheritance process. Typically, the cost of notary services for drafting a will ranges from €40 to €100, depending on the location.

While utilizing a notary is recommended—especially for expatriates navigating a foreign legal system—it is important to note that individuals can legally write their own wills. This is particularly relevant in situations where time is of the essence, such as when a testator is facing imminent death or a catastrophic event necessitates immediate action.

Types of wills in Spain

In Spain, there are generally two recognized types of wills: open wills and closed wills. An open will is prepared in the presence of a notary and witnesses, typically three in number. Conversely, a closed will remains confidential between the testator and the notary.

However, the Spanish legal framework also accommodates the creation of a third type of will—the testamento ológrafo, or holographic will. This form allows individuals to draft and sign their wills entirely by hand without the involvement of witnesses or a notary, provided that it adheres to specific criteria.

Requirements for drafting a will without a notary

To ensure the validity of a self-drafted will in Spain, the following requirements must be observed:

- Legal Age: The testator must be at least 18 years old at the time of signing.

- Handwritten Document: The will must be written and signed exclusively by the individual leaving the inheritance.

- Date Specification: It should clearly indicate the date it was written, including the day, month, and year.

- Corrections: Any alterations must be rectified beneath the signature at the document's conclusion; however, it is advisable to draft a new document instead.

- Language: Foreigners may write their wills in their native language.

- Handwritten Signature: The signature must belong to the testator, with no alternative signing methods permitted (e.g., digital signatures or fingerprints).

- Page Signatures: Each page of the will must be signed, in addition to the final page.

- Document Security: Once completed, the testator should store the will securely to avoid damage or suspicion of tampering, which could invalidate the document.

- No Alterations Post-Signing: Modifying the will after it has been signed renders it void.

- Notary Processing: After the testator's death, the will must be submitted to a notary within five days for processing.

Writing a will in Spain can be a straightforward process if the necessary guidelines are followed. While the role of a notary is invaluable, understanding your rights and the legal provisions surrounding self-drafted wills can empower individuals to take control of their estate planning.