Making last will and testament in Spain

The Notary will inform you about all the legal possibilities depending on your national law, because in certain countries a married person with children does not count on the same freedom as a single person without descendants. You should also remember that there are times, even though the testator is not a Spanish subject, that Spanish Law is applied if the property is located in Spain. After you have decided on a special attribution, the Notary will adjust your wishes to the strict testamentary demands, finding the most correct formula to suit your wishes and produce the desired effect, avoiding any technical error that could backfire your intentions.

The original copy will always be kept at the Notary office or at that one of his successors, thus avoiding risks of loss or theft.

In addition, the Notary sends a report to the Ministry of Justice simply notifying it that the will has been made, without of course disclosing the contents. The record is kept secret until the death of the testator, at which time, thanks to this we can know what was the deceased's last official will, thus avoiding possible errors that could later prove serious.

Because of all this, avoid making an holographic will (written by hand by the actual testator without notary authorisation). The absence of suitable advice, added to the risks of loss, subtraction or omission, together with the need to record it in an official instrument in a term of five years from death of the testator in a legal action, renders this inadvisable, except in very special cases. Approximate cost of a will: 35 $ USA.