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Spanish Will

A testament or will as we commonly refer to it, is a written document providing for the disposition of a person’s property/assets after death.

In Spain this document is known as “testamento” and is a totally personal and individual act, in other words, each individual needs their own personal will, it  is not possible for married couples to draw up joint wills in this country.

When having any kind of property/assets in Spain it is always advisable to have a will drawn up no matter what your personal and patrimonial situation is, your will shall save your family or heirs a lot of time and most importantly problems that may arise when an individual passes away and has no last will.

Last wishes in Spain

Your will shall guarantee the execution of your last wishes in Spain and permit the distribution of your assets as per your instructions after death. On the contrary, if you do not have a will, upon death the current national regulations of the deceased shall need to be applied in order to obtain a declaration of heirs issued by the courts or corresponding organ, this will determine the disposition of property/assets according to, and based on, the Law.

To get your Spanish will drawn up it is fundamental to visit a Spanish Notary Public office, you shall have to take your passport and information on your last wishes with you, in other words, how you would like to dispose of your patrimony after death.

Will and successions planning in Spain

Drawing up a will & successions planning can be difficult and emotional as it obliges a person to think about their own death, their patrimonial situation in Spain and who will be appointed as heirs; the comfort comes in the form of piece of mind knowing that when the time comes, the deceased’s last wishes shall be carried out and the deceased would have saved his family/heirs a lot of money in translations, declarations, legalisation stamps, etc.. as well as having avoided many documentation problems for them.

Last, but not least, Once your will has been drawn up and signed at a Notary Public office, you shall get a copy, but the original is sent to Madrid to be kept in a vault, with every other Spanish will.  Once this has been done you must know that nothing can be modified or added to this will, if the person should wish to amend their last wishes an entirely new will would need to be drawn up in order to replace the previous one.

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