Are you an owner of Spanish property? Do you have assets in Spain? At Piñera del Olmo, our Spanish lawyers recommend for owners of property in Spain to create a Spanish Will. Sometimes people do not think that they need two separate Wills and Testaments, one for their country of residence and another to cover their Spanish property (for property owners who are not residents in Spain). Our legal experts recommend that you draw up a Will in Spain, alongside one you may have to cover your assets in your country of residence. It is important for these Wills to coincide, without contradiction, otherwise there could be legal problems for your successors. For foreign investors and foreign property owners in Spain, it is even more essential to create a Spanish Testament, to also avoid contradiction between the Spanish inheritance laws and national inheritance laws in the country where you reside.
Spanish inheritance allows some heirs (legitimarios) of deceased property owners to claim ⅔ of the estate, there is only ⅓ at free disposal. Often the Spanish Inheritance Law is considered to be more restrictive than the inheritance laws of other countries. When foreigners make Wills for their assets within Spain, they can often free themselves from these restrictions. For this reason, if you are the owner of Spanish property, our legal experts recommend that you contact a Lawyer in Spain to draft a Will in your name. At Piñera del Olmo, we provide Will drafting services for clients in Barcelona, across Spain, and for international clients in other parts of the world, who are investing in Spain.
What should I include in my Spanish Will?
Primarily, your Testament must include your full legal name, and personal identification details. It will also require the details of your heir or heirs.
All property which you own in Spain should be included in your Spanish Testament.
Should you be uncertain as to what you should include in your will, please do not hesitate to contact our lawyers in Barcelona.
Wills also require a visit to the Notary, in order to sign it and register it in the Spanish Wills Register. This, however, depends on the type of Testament which you choose to make. Our Barcelona’s lawyers have provided a brief description of each type of testaments below. For further information on types of will, please do not hesitate to contact our lawyers by telephone or email.
What are the different types of Will available in Spain?
An Open Will – Testamento abierto – This is usually prepared by a lawyer and signed in the presence of a Notary. Two copies of this testament are made. The Notary will keep one copy and submit another copy to the Registry of Wills. The signing of this type of Will usually requires the presence of 2 witnesses. A testamento abierto, or open Will can make the process simpler for ancestors, as the Will is registered in the Will registry, so they will be able to access it in a fairly simple process once the person has died.
A Closed Will – Testamento cerrado- Its contents are not disclosed and remain secret until the owner dies. Usually, it is taken to the notary in an envelope and is sealed in the presence of a witness. This type of Will & testament is also filed by the notary in the central register, which makes the inheritance process simpler when distributing any inheritance.
- Holographic Will -Testamento Olografo- This is often considered to be the most complex. It is written, signed and dated by the Will owner. With a Testamento Olígrafo, it does not need to be registered, however our Lawyers would advise owners of this type of Will to voluntarily register it in Madrid, at the Official Will Registry. At the time of dividing the person’s estate, the process is usually more complex than with the other types of Wills. The process involves a verification of the document by a judge in Court, to testify that it is the deceased’s handwriting, as proof that it is their Will. Our Spanish Lawyers at Piñera del Olmo Canals would recommend that, upon completion of the Holographic Will, a copy is kept in a safe, specific place. It may be a good idea to let the trustee, or a family member / friend aware of where the Will is. We also advise that a copy of relevant bank account details and any insurance policies are also kept together with the Will. Furthermore, should you be the successor of a person who chose to create a Holographic Will, our Spanish Lawyers are reliable experts to carry out the inheritance process with you.
If you are looking to create a Will of any type, our Lawyers in Barcelona will be happy to help. We will work closely with you to ensure that each part of your Last Will & Testament is exactly as you desire. Similarly, if you are in the process of distributing the estate of someone who has died, our lawyers are on hand to help with the legalities following someone’s death. Our experts in Wills & Testaments will guide you through each step of the process in order to distribute a person’s estate.
If you want some more information, you can click on: Inheritance Tax Planning
Should you need further information, or legal advice, please do not hesitate to contact our lawyers. You can contact us by using the contact form below, by emailing email@example.com, or by telephoning +34 93 514 39 97.
Disclaimer: This information in this article is not definitive, for up to date legal advice which is relevant for your case please contact us.