The notarial open will endows that will with fixity, clarity and legal technique

According to the Spanish Civil Code the will It is a unilateral declaration of will and its content is essentially inheritance (art, 667 CC). In the case of notarized open will The advice and drafting by the Notary gives the succession will fixity, clarity and legal technique that avoids many lawsuits.

The will is also a title that can give rise to the acquisition of property (art, 609 and 657 CC). However, it is an open document and that is why intestate can be included other statements or statements. Desires, aspirations, even literary texts, can manifest in it. Furthermore, the will may contain legal provisions that are not strictly succession. Guardians may be appointed for minor or incapacitated children, and non-marital filiation may be recognized (art. 120, 2nd CC).

Acquisition of property on the assets of the deceased occurs from the moment of death, although acceptance of the inheritance is necessary, which has retroactive effects at the time of death (art, 989 CC). The testated succession is a way of acquiring property (art, 609) for which he agrees to be a successor.

The will as a unilateral act is essentially revocable and in practice several wills are made in a person's life. As it is a voluntary act that admits various forms, a will is granted when desired or when circumstances make it advisable. It is advisable to make a will to dispose of personal assets. Thus, the will generally establishes heirs and designates legatees. If there is no will or it is null or ineffective, the deceased died "ab intestato”. This expression assumes that the Law provides for the deceased heirs who, according to legal order, will receive the assets of the deceased once the inheritance is accepted. For more information, consult the documentation to accept an inheritance. Exceptionally, there is the possibility in various autonomous communities for two or more people to sign a will (joint will y will de sisterhood).

El testamentary document It is a declaration of will and like all declarations of will that produce legal effects, the inheritance will can be interpreted. Unlike contracts, it is a single declaration of will, not two or more.

You can request your will or information in relation to how to do it in our Notary of Barcelona.