Wills, Inheritance & Family Issues

Wills, Inheritance & Family Issues – complex matters,  seek guidance -

Family law, inheritance law and Wills are a complex area of Spanish law and require professional guidance to ensure that you protect the rights of you and your family and protect your assets for your family and beneficiaries. You may feel that your Will made in a country outside of Spain will suffice for inheritance issues, but it is highly recommended to make a Spanish Will  to cover any property or assets you have in Spain. Wills can take three formats and can be made by any person over the age of 14 years providing they have the mental capacity to prepare such a document:

  • Holographic
    • Entirely handwritten by testator and signed and dated on each page
    • Verified as the genuine article before a Judge with the testaments of  the two closest relatives testifying the handwriting as genuinely that of the testator
    • Once verified a Judge will allow the enforcement of the Will.
  • Open Will
    • The more usual  format for a Will in Spain
    • This is made before a Notary who keeps the original and sends a notification to the Registro Central de Última Voluntad (Central Registry for Spanish Wills).
    • In certain circumstances the Notary may request the presence of two witnesses.
  • Closed Will
    • This is where you keep the provisions of your estate secret
    • You will require to attend the Notary who will ask whether you have written the Will yourself or whether it was prepared for you by a third party
    • The Notary will ask of you whether the Will has been signed by you or a third person on your behalf
    • The Notary will seal the envelope and file it and notify the Registro Central de Última Voluntad (Central Registry for Spanish Wills).
    • There are limitations to those people who are entitled to make Closed Wills.
  • Revocations & Changes
    • Wills can always be revoked or amended – this can be carried out in the same manner in which they were made
    • The person should be in the same mental capacity as for making a Will
    • Should there be more than one Will, the last Will made would be valid (provisions as above apply)

Family Issues are as complex as Families – always seek qualified legal advice, DMG Law office have dedicated professionals who can assist - contact  info@solicitorsinspain.ie