Notarial will
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We explain all the necessary information about making a will, what it is and what it is for.
As notaries with more than 30 years of experience, at the Bosch-Bages Notary Office in Barcelona we can offer you a service appropriate to your needs and inform you of all aspects related to this type of notarial service.
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Make a will at the notary It is usually named as notarial will. It is a legal document in which a person (called the testator) expresses his will about how he wants his assets to be disposed of after his death and who has or receives them. The notarial will is drafted by a notary and kept in his protocol, which makes it a public and authentic document in the eyes of the law.
Remember that the economic repercussions of the will for the heirs may vary depending on the Autonomous Community where you reside and where the assets to be inherited are located, depending on the case.
Will price
In Barcelona The price of making a will is between €49 and €90, depending on its complexity and other variables. These are the usual rates in the autonomous community of Catalonia. In other communities in Spain the rates may vary.
Testament concept
It is a declaration of unilateral will and its content is essentially inheritance (art. 667 CC), whose execution is the cause of the acquisition of property (art, 609 CC). It's a open document which may contain other statements or statements. The Will may contain legal provisions that are not strictly inheritance. Minor or disabled children may be appointed guardians, and a non-marital affiliation recognized.
In it are instituted heirs and legatees are appointed amen of other inheritance provisions such as conditions, or modes. It's about a revocable act, since in practice several wills are granted in the life of a person, producing a later testamentary document that repeals the previous one without expressing any cause. Exceptionally, the case of the recognition of a child will appear as an irrevocable legal fact. See standard testament model.
The will is a very personal act. This means that it can only be granted by the interested party and that, in no case, can it be a third party such as the commissioner or representative empowered to do so. The possibility of making a testamentary document by a third party (commissioner, trusted heir or other similar figure) is prohibited by the CC but in the foral regions it is admitted.
In case of there is no testament or it becomes ineffective or null, the deceased dies "ab intestato”, Meaning that the heirs to the estate of the deceased will be called according to the established legal order, which in any case, must accept it.
The Bosch-Bages Notary Office in Barcelona has a team of more than 20 people who offer you the complete catalog of notarial services that any person, company or entity may require.
Specialized and with extensive proven experience in the most complex aspects such as inheritances, wills, mortgage deeds, etc. Don't hesitate to make an appointment if you have any needs.
Notarial testament classes in the Spanish Civil Code
The CC contemplates two classes of notarial wills: T. notarial open and T. notarial closed. Wills not subject to any form or testamentary solemnities contemplated by Law, will be null.
Notarial open will (Art. 694 and 695 CC)
The testamentary document must be granted by a competent Notary. The testator expresses his last wishes orally or in writing to the Notary, and the latter will be in charge of drafting his decisions. The notary is the one who authorizes the use or adaptation of public instruments, being the will a public deed, and therefore, a type of notarial public instrument.
Testament language
It will be written in the official language, in Spanish or in another official language recognized by the CCAA. When the notary does not know the language in which the testator expresses his wishes, the presence of an interpreter is required. The Notary, even knowing the language, will draft the document in double column (each column with the corresponding language) or will incorporate the translation into the official language into the public instrument.
Are witnesses required to make a will?
Currently it is not necessary the presence of witnesses to grant open notarial will, except in special cases requested by the Notary, testator or required by law. Special cases in which witnesses are required are:
- The testator declares that he does not know or cannot sign.
- The testator, even if he knows how to sign, is blind or declares that he does not know or cannot read the will himself. In the case of complete deafness, the witnesses will read in the presence of a notary public and will express their consent on the accuracy of the will of the testator.
- When required by the Notary.
Who cannot be a witness to the open notarial will?
They will not be able to be witnesses:
- Heirs instituted in the document.
- Spouse of the testator.
- Relatives within the fourth degree of consanguinity or second degree of affinity.
Closed will
What is it?
It is an infrequent way of testing because it does not present advantages compared to the open one. It consists of making a will without the last wishes of the testator being known by the person who authorizes the document (the Notary). It can be notarized, military or granted abroad.
Who can execute a closed will?
Anyone over 14 years of age. Except for blind people and those who do not know or cannot read.
How to make the last declarations of will?
The Civil Code accepts the completion of form:
- Holograph (handwriting)
- Written by any mechanical means
- Written by someone else.
In all these forms, the testator will have to sign all the leaves and at the bottom of the will.
How does the notary intervene in the process?
The paper containing the testamentary document is placed on a closed surface (such as a letter). It is delivered to the Notary, without the latter knowing its content, or it is inserted in the envelope and sealed in front of the Notary. The notary extends on the cover certificate of execution of a closed will.
If the Notary authorizes it, he will deliver it to the testator. In your protocol you will include the award certificate.
There is the option that the testator chooses for the Notary to deposit the closed will in his file to safeguard and keep it.
Obligations of those who have a closed notarial will
From the death of the deceased, the person who has in his possession the testamentary document or the competent Notary who had it deposited, is obliged within a period of 10 days to bring it to the attention of the surviving spouse, descendants, ascendants or collateral relatives within the fourth degree the existence of the will.
If this duty is breached, it is possible to claim damages from the offender.
If the subject does not comply with the obligation by fraud, he will lose, in addition to the obligation to respond for damages, the right of inheritance that corresponds to him.
Online services of the Barcelona notary
You can make an online consultation at the notary's office. Or if you prefer you can ask for a date for a video conference with the notary and ask your question.
This type of online notary service is ideal when the preparation of documents is not required. Click this link: online notary to request information.
We also offer another type of online service such as the request fast simple copies online. By filling out the form on the page you can request your simple copy electronically.
Will FAQ
A will is a legal document in which a person, called a testator, expresses his last wishes and provisions regarding his assets and rights, as well as the care of his minor children or incapacitated persons.
To make a will you only need to go to the nearest notary with your ID or passport and leave your will in writing. The Notary will be in charge of writing it in writing clearly reflecting the place, date and time in which it was granted.
It is the one in which the Notary and the witnesses intervene. The open will, without the presence of a Notary, can be registered in writing or orally in case of danger of death or pandemic.
To modify a will, it is necessary to make a new will that nullifies or modifies the provisions of the previous will.
It must be written, dated and signed completely by hand by the testator.
A will before a notary usually has a price that ranges between 40 and 60 euros, being the most common type signed. However, holographic wills can have a price of up to 100 euros.
The price of making a will in Spain is between 38 and 50 euros, according to data from the General Council of Notaries. Having this document signed will save the heirs a lot of paperwork for the distribution of assets.
The most common thing is to go before a notary presenting your identity document. The intervention of the notary guarantees that all legal formalities are met and will also preserve the document by giving a copy to the testator.
The will must be kept in a safe place, known to the testator and his heirs. The notary, in the case of notarial wills, is also responsible for keeping the will in his or her file.
After knowing our wishes and advising us on current legality, the notary will draft the will and proceed to authorize it. It is a very personal act; The intervention of witnesses is not necessary except in very specific cases.
It is one in which a person, before a notary, declares his last will personally and directly. The notary is responsible for drafting the will according to the instructions of the testator, who signs it in the presence of the notary and two witnesses.
It is a will written by hand by the testator, without the need for a notary.
The will is a very personal, revocable and free act, by which a capable person disposes of his or her assets and rights, and declares or fulfills duties after his or her death.
It is very simple. It is enough to go to the notary with the National Identity Document and explain how we want to distribute our assets. It is not necessary to make an inventory of the assets we have, nor present any document proving it.
1.-The medical care that you want or do not want to receive in the event of an accident, terminal or incurable illness, such as surgical, experimental treatments, medication or painkillers, among others. 2.-If you wish to receive religious assistance or not. 3.-If you want to be cremated or buried.
In any case, the Living Will should not include certain issues that health personnel cannot carry out, that is, actions that are contrary to the law, such as active euthanasia, nor can they carry out actions contrary to good clinical practices, to accepted medical practices...
In the event that a person dies without a will, the inheritance law applies, which establishes the legal heirs of the deceased person.
If it is not found, it is legally considered as if it never existed.
In Spain, there are two main types of wills: Notarial will: it is the most common and is made before a notary, who will write the will according to the testator's instructions. Holographic will: it is one that is written by the testator's own handwriting, without the intervention of witnesses or a notary.
For this will to be valid, it must be written in its entirety and signed by the testator, stating the year, month and day that it is granted. If it contains words that are crossed out, amended or between lines, the testator will save them under his signature.
The testator may personally or through an authorized representative withdraw the holographic will deposited in the General Notaries Archive at any time.
Any person over 18 years of age, in full capacity of discernment, can make a will.
Yes. When making a living will, the grantor can leave in writing that he or she wishes to advance his or her death when certain irreversible circumstances are met. In this way, the grantor cannot be kept alive against his will.
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If you are interested in receiving more information about this notary service, request an appointment at our Barcelona notary. Our professionals will be happy to answer your questions.