Up to 7 will regulations coexist in Spain

In Spain there are many laws to test. There is a general regulation -the CC state law- and special civil laws according to the CCAA. Based on the system of constitutional powers (art, 148.1.8 CE), certain CCAA have jurisdiction in civil law on wills. These CCAA are Aragon, Catalonia, Balearic Islands, Galicia, Navarre y the Basque Country. It must be concluded consequently that in Spain there are many laws according to which one can intestate.

The notarial will is the most used by the Spanish

The succession tested is of great quantitative importance, as well as qualitative. It can be affirmed that the unipersonal open and notarial testament is the preferred form by the Spaniards to grant their last will. There are many successions that are opened and that have a will as their title. Unfortunately we do not know the number of civil proceedings that have as their object the succession of a deceased.

The following table highlights that make an open notarial will It is the succession arrangement chosen by the vast majority of testators (640.381 in 2017). However, it should be noted that many joint wills and the succession contract is becoming more and more frequent. Also striking is the small number of holographic, closed and parish wills.

Year 2017
Open personal will 640,381
Open joint or brotherhood will 8,536
Closed will and protocol of holographic or parochial will 387
Other types of wills or acts of last will 3,698
Other acts of inheritance significance 1,182
Succession contracts without transfer of assets 1,243
Succession contracts with transfer of present assets 17,997
Total Succession Instruments: 673,424

Table 1 Notarial succession instruments granted in Spain in 2017 (source General Council of Notaries)

Declarations of heirs in default of a will are a minority practice

The declarations of heirs in default of a will amounted in 2017 to the figure of 112,051 (source General Council of Notaries), a figure that represents 17,49 percent in comparison with open one-person wills and 16,63 percent in relation to the total of Succession Instruments.

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Note: the parish will

The parish will is one that refers to the wills registered or administered by a parish of the Catholic Church. 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.