What is the will in the event of a pandemic?

El will in case of pandemic is a open will not notarial that occurs in special cases and that are rare. This special type of will is currently on the rise given the situation of the COVID-19.

Make a will In the event of a pandemic, it is an exception to the notarized open will. It is characterized by requirements governed by Law, established in the Civil Code under article 701 CC.

What should you know to make a will in the event of a pandemic?

  1. There is the possibility of performing the oral will, this modality being valid. Although it is preferred to do it in writing.
  2. The will will lose its validity after a period of 2 months since the testator has ceased the pandemic. If the testator dies within this period, it is necessary to go to the competent notary within 3 months after the testator's death to make a public deed, whether the will due to pandemic has been made verbally or in writing. It is of utmost importance go to the notary to attest to the will, having as a consequence of not doing so, its ineffectiveness.
  3. The pandemic will can be made in the presence of a minimum of three people over 16 years of age and without the intervention of a notary public.

How to make a will in danger of death?

The testament made due to danger of death is another exception to the open notarial will, which allows the testator to designate the hereditary cabal verbally if he is in a situation of imminent danger of death.

To execute this type of will, the presence of five suitable witnesses is required, without the need for a notary to be present.

The realization of the will, has some common features with the will in case of pandemic. This has a validity of two months from the period in which the danger of death has come out. In the event that the deceased dies within this period of time, there is three months to go to the notary to raise the will to the public, otherwise it will be designated ineffective.

To know any information about wills contact with our Notary of Barcelona.