Who can make a will
- Who has the capacity to act.
- From the age of 14, depending on the type of will.
- Who has not been judicially incapacitated for that purpose.
- That the law does not expressly forbid it.
When should I make a will?
- You have a clear mind and you want to decide how your goods and rights will be cared for in the future.
- You expect that you will lose capacity and will not be able to make decisions for yourself.
- Your health is limited and you prefer to record, in life, your desires.
- You are going to embark on a journey with uncertain destiny where you can take risks.
How do you make a will and what does it contain?
- Your spouse or domestic partner.
- Your children.
- Other beneficiaries (legatees) leaving specific gifts, including amounts of money.
Content of the will
- Designate a tutor for your children.
- Appoint an administrator of your personal properties or companies.
- Other personal desires such as:
2. Donate organs or limit your time of life artificially in the event of a serious illness.
3. Transmission of rights with specific conditions.
- An inventory of heritage assets is a fundamental part of making the inheritance’s subsequent partition. These inventories must be drafted by professionals and registered in the property registry for validity.
- You have properties abroad.
- Personal property valued at more than €122,606.47
- You have any commercial interests, actions of a private company or if you are a member of the board/administrator of a company.
- You want to leave your estate to the beneficiaries of the inheritance in unequal parts (especially family).
Models: What types of wills can I do?
Our civil legislation contemplates the difference between two types of wills: the Common ones (holograph, open, closed) and the special ones (military, maritime and abroad). Let’s see its characteristics to allow you to decide which one you prefer to record your will:
- It is the made by the letter of the testator, at any time or place.
- Must be written in full by the testator, containing his signature and the date on which it is granted.
- Is valid only if it is written by a person over the age of 18.
It will be necessary for two witnesses to intervene if the notary considers their presence necessary.
- Written by the testator himself of his fist and handwriting, as well as signed.
- Must leave evidence in the notary where the spread is.
- The paper contained in the will must go into a closed, sealed cover so that the testament cannot be removed without breaking it.
The notary will be the manager, as in the Open Testament, of the call to the heirs and the opening of the inheritance at the precise moment.
Specials: Military, maritime, abroad
- Military: In war situations, any person in the service of the army is allowed to give a will to an officer or Doctor who assists him if he is ill.
- Maritime : Open or closed that is granted during a sea trip, by anyone on board.
- Abroad: The Spaniards can grant will in any of the legal forms known according to the rules of the country in which it is found.