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.
Frequently asked questions about the notarial will
Below we answer some frequently asked questions related to making a notarial will.
How to do it?
It will be granted in unity of act, and therefore with the presence of the testator before the Notary, and where appropriate, the required witnesses. The preparation of the content of the document requires -firstly- that the deceased, advisor or person of confidence transmit to the Notary the last wills of the testator, which subsequently, the Notary public will form and faithfully draft in the public deed, called open will.
Finally, this document will be read by the Notary to the testator, or the testator reads it himself. The deceased will give his approval to the Notary, and the latter will authorize the public deed with his sign, signature and signature. The Notary after its granting electronically sends a note or part to the General Registry of Last Will Acts.
Who is custodian of the will?
Once the parent deed of the document is signed, it remains incorporated into the notarial protocol that the notary himself keeps while he is in charge of a certain notary's office.
Can I get a copy?
Copies are issued during the testator's lifetime to the latter or to a proxy with express authorization. Once the deceased has died, the beneficiaries of the assets, such as heirs, legatees or executors, can request copies. Those interested in declaring the will null or void or those who by law -in the case of an intestate- can also request a copy.
What is the holographic will?
Un holographic testament It is characterized by being handwritten by the person who drafts it, as opposed to other types of wills that can be dictated to a notary or lawyer and then signed by the testator.
El holographic testament It is often considered a simple and inexpensive way to establish a person's last wishes regarding the distribution of their assets and property after their death.
Among the common requirements for a holographic testament In order to be valid, it is usually required that the deed be made in the testator's handwriting, that it be dated and signed at the end of the document, and that it does not contain deletions, amendments or erasures that could generate doubts or confusion about the content.
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.
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 verify how a person has left a will or not, it is essential to request a certificate of last wills. This document is what certifies whether a person has made a will to another person or persons, and before which notary or notary office he or she has made it.
Article 1551 establishes the necessary requirements for a holographic will to be valid: It must be executed by persons of legal age. It must be completely written by the testator. It must be signed by the testator, including the date of granting.
To modify a will, it is necessary to make a new will that nullifies or modifies the provisions of the previous will.
1.-Before a Notary. 2.-Before three witnesses, who must sign the writing. Two of them cannot be parents, children, uncles or nephews, nor have a financial relationship with the person who makes the living will. 3.-Before the staff of the Autonomous Registry.
After death, it must be presented to a notary for validation.
It must be written, dated and signed completely by hand by the testator.
The advance directive or living will document can be requested at any time during adult life, as long as there is sufficient discernment to express one's own will. It has to be requested before a notary and has an approximate cost of 60 euros.
Simply use a computer or a pen to make your last wishes clear. Of course, once the death of the testator occurs, it is necessary to formalize the document before a notary. The heirs will have to invest between 40 and 80 euros for this.
The living will is made in a public deed before a notary (in some autonomous communities the presence of witnesses is also required) and can cost around 60 euros.
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.
The living will must be registered in the Registry of Prior Instructions of your Autonomous Community, dependent on the Ministry of Health. In addition, there is a National Registry of Prior Instructions (RNIP), where all the documents sent by the regional registries are deposited.
It refers to the wills written by hand, which are deposited for safekeeping and custody in the General Directorate of the Institute of the Registry Function.
Although it is legal, it may be less secure due to risks of loss or challenge.
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.
For a holographic will to be valid, it is required that it be written in its entirety by the testator, using his or her own handwriting and without the use of mechanical means. In addition, it must be signed by the testator and must include the date of its granting.
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.
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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