What you need to know to grant a will in Spain 🔍
Making a will in Spain is often not a priority for people, but this article will show you all the information you need to know about granting a will in Spain.
Making a will is essential for all of us, but it can be difficult to know the exact steps you need to take. This article walks you through the process from start to finish and answers all your questions.
What is a Will? 🤷♀️
A Will is a document that sets out your wishes for what should happen to your property and possessions after you die. It can also be used to appoint guardians for minor children and make other arrangements in the event of your death.
Wills are not just for the wealthy – anyone with property or possessions can benefit from having a Will. A Will can save your loved ones a lot of time, money and stress during what is already a difficult time.
The most common way of granting a will in Spain is before a Notary Public. In this case, we would be dealing with a notarial open will.
The notarial open will is the most commonly used as it provides the testator with legal certainty. When granted before a notary, it is recorded in a public deed. The notary is also in charge of the conservation of the will and of sending a report informing of its existence to the Registry of Last Wills.* *Link only in Spanish
Why do I need a will? ✅
If you die without a will, your estate will be distributed in accordance with the laws of intestacy in Spain (if you live in Spain or have properties here). This may not be how you would have wanted your estate to be divided and can cause problems for your loved ones.
A will allows you to specify who you want to inherit your assets, whether that is your spouse, children, or other relatives. You can also use your will to appoint guardians for minor children and pets.
Creating a will is an important step in ensuring that your wishes are carried out after your death. It can give you peace of mind knowing that your loved ones will be taken care of in the way that you want.
How to make a will in Spain? 🖋🇪🇸
Spain has a complex system for making wills, which can be confusing for foreigners. Here are some basic questions and answers to help you understand how to make a will in Spain.
1. What is the difference between a will and a letter of last instruction? 📑
- A will is a legal document that sets out your wishes for what should happen to your property and possessions after you die.
- A letter of last instruction is a document that gives instructions for your funeral and burial.
In Spain, these two documents are often combined into one.
2. Who can make a will in Spain?👇
Any person over the age of 14, who is of sound mind and body can make a will in Spain.
3. What are the formalities for making a will in Spain? 👀
Spain has a very specific process for making a will, which must be followed in order to ensure that the will is valid. If you don’t follow the process, your will may not be considered valid and your assets will be distributed according to Spanish law.
- The first step is to find a reputable solicitor who specializes in wills and estate planning. They will be able to help you navigate the process and ensure that everything is done correctly.
- Prepare a list of the assets you would like to include in the will and have the related documents at hand.
- Based on this information, the will is executed before a Notary Public, without the presence of witnesses being necessary, except in certain cases (when the testator is blind, if he/she does not know or cannot sign, or cannot read the will by him/herself, etc.).
👉 The will is revocable, i.e., it can be changed as many times as desired at any time.
Grant a will in Spain even if you don’t live in Spain but have assets here. 🏠💶
When it comes to granting a will in Spain as a non-resident, there are a few things you need to know. First and foremost, Spanish law applies to any wills made in Spain. This means that if the person who inherits your property is not living in Spain, they may still be subject to Spanish inheritance tax.
To grant a will in Spain, you need to ensure that your estate planning attorney is familiar with Spanish law. You should also make sure that all of your assets are properly titled in your name so that they can be easily distributed according to your wishes.
You can include any property that you own in Spain, including your home, car, bank accounts, investments, and personal belongings. You can also include property that you own outside of Spain if you wish, but it may be subject to different laws in those countries.
If you have any questions about how to make a will in Spain, be sure to consult with an experienced estate planning attorney.