In our country, there are different forms of intestate, In this article we are going to know the different types of wills there is and explain each of them.
Types of Wills
The first classification that we find among the types of wills is the one that divides them into common wills and special wills.
Common Wills
Common wills are divided into three classes: holographic, open, and closed.
Holograph Testament
It is the one that is written by the testator himself. To be valid, you must meet the following requirements:
- It can only be granted by people of legal age.
- It must be written in the testator's own handwriting.
- It must be signed by the testator himself indicating the day, month and year in which it is granted.
- If you have words crossed out, amended or between lines, the testator must validate them under his signature.
- If the testator is a foreigner, it can be written in his native language.
What is collected in Article 688 of the Civil Code
If the testament does not comply with the form and requirements demanded in the Civil Code, it will be declared null. We would be facing an intestate succession / since there is no will because it is not valid).
This type of testament is not necessary for the testator to present it before a Notary before his death. The term to carry it out is within 5 years following the death of the testator. It will always be carried out before a Notary Public and he will be in charge of the protocolization act, always in accordance with notarial legislation.
The act of protocolization consists of attaching the document to the notarial protocol, authorizing its content that meets the legal requirements.
Whether has made a will holograph must be presented to a Notary within 10 days of notification of the death.
Open Will
It is the most used among the common wills. In it, the testator expresses his last will before the Notary and is aware of its content.
There can only be 2 cases in which the open will is granted before a witness without the presence of a Notary. The requirements for this type of will to be valid are:
- Indicate the place, year, month, day and time of its granting.
- Notify the testator of his right to read it for himself. Then the Notary will read it aloud so that the testator confirms his wishes. If there is agreement, the document will be signed in the same act.
- Identification of the testator by the Notary.
- State that the testator has the necessary legal capacity to grant the will.
- In addition, 2 witnesses must attend the act of granting in the following cases:
-When the testator declares that he does not know or cannot sign the will.
-If the testator, although he can sign it, is blind or declares that he does not know or cannot read the will himself. If you are deaf or cannot read, the witnesses will read the will in the presence of the Notary and must declare that it coincides with the expressed will.
-Whenever the testator or Notary request it.
There are 2 special situations in which a will can be made without the presence of a Notary
- Imminent danger of death: When the testator is in danger of death as a result of serious illness, fatal accident, catastrophe, etc. The will can be made before 5 witnesses. Article 700 of the Civil Code
- Epidemic danger: In this case, the intervention of 3 witnesses over 16 years of age will suffice. Article 701 of the Civil Code
Closed Will
the testator makes a will Without revealing his last will, he declares that it is found in the document he delivers to the notary.
The particularities of this type of will are:
- It is in writing.
- If it is written in the testator's own handwriting, it must be signed by the testator at the end of the document.
- If it was typewritten or by a third party, the testator will sign all the pages and at the bottom of the testament.
- When the testator does not know or cannot sign, he will do so at his request at the bottom. In the rest of the sheets another person will do it, stating the cause of the impossibility.
- It is necessary, before signing, to “recognize” the words amended, crossed out or written between lines.
Special Wills
Special wills are those that are granted in extraordinary situations.
We have 3 types of special wills:
Military Will
It's that one will that is made before an Officer with the minimum rank of Captain, by the military in the field, volunteers, hostages, prisoners and other individuals employed in the army, or who follow it.
Furthermore, if the testator was sick or injured, he could do it before the Chaplain or the Physician who assisted him. He could also do it if he were in a detachment, before whomever commanded him, even if he was a subordinate.
The characteristics of this will are:
- Necessary presence of 2 witnesses
- The testament will expire 4 months after the soldier had left the service or ceased to be on campaign.
Maritime Testament
It is the testament that is granted during a sea voyage aboard a merchant or a warship, before the Captain or Accountant.
Testament made in foreign country
When the testator is outside of Spain for vacations or residence abroad, a will can always be granted according to the rules of the country where he is.
For this will to be valid in Spain, it cannot be executed by 2 or more people. Even if it were admitted by the rules of the country where the testator is located.
Parish will
The parish will, in the context of inheritances and succession law, refers to wills registered or administered by a parish. Historically, these documents were common in communities where the church had a significant role in legal and social affairs.
The parish will often included provisions for the soul of the deceased, such as masses and other rites, as well as the distribution of material goods. This type of will It allowed the local church to influence the administration of last wills, ensuring the fulfillment of the spiritual and material wishes of the deceased.
Living will
El Living will does not fit into the traditional category of wills used to dispose of assets after death, it is set aside for clarification. Instead, it is part of advance health care planning and is governed by specific laws that vary by country or region. Although it shares the term "will", its purpose is completely different: it is not a document for the distribution of assets, but rather a statement that guides doctors and family members about the individual's medical treatment preferences.
The living will, also known as advance directives, advance directives or advance directive document, is a legal document in which a person expresses his or her wishes regarding the medical care and treatment that he or she wishes or does not wish to receive in the event that, in the future, is in a situation where she cannot express herself due to illness or disability. Through this document, a person can establish her preferences regarding medical interventions, life-sustaining treatments and other health care, in case he is unable to make decisions due to her health status.
This type of document is important because it helps respect the patient's autonomy and personal decisions regarding their health and well-being at critical moments. It is a useful tool for healthcare professionals and family members as it provides clear guidance on the patient's wishes in situations where it is not possible to obtain direct consent from the patient.
To be legally valid, the living will must be made in accordance with the legal requirements of the place where you live, which may include signing before witnesses, notarizing the document or recording it in official records intended for this purpose.
For the testament better a Notary
The will is a document of great importance, even if it is very simple and inexpensive. It is always advisable to go to a Notary to inform us of the current legislation, both nationally and regionally. The Notary will always advise us impartially to adapt the will of the testator to the current law. Not making a will will always mean ending up in a longer process and of much greater economic value.
Carrying out an inventory of assets is one of the aspects that present the most doubts when making a will. Notaries make it clear that it is not necessary and that it should only be specified to whom the assets are left and how they are to be distributed. After the death, it will be when the heirs must make an inventory of the assets and possible debts (if any), to proceed with their distribution.