MOVING TO SPAIN
Making a will in Spain is always advisable if you have a Spanish property or other assets, in order to avoid legal problems for your heirs, and you should ask for legal advice to your lawyer or gestor in Spain. The lawyer will inform you about the process and will recommend a public notary.
In Spain, the testator must be minimum 14 years and be capable to make a will in Spain. Spanish inheritance law restrict the testator’s freedom to leave the Spanish property to anyone he/she wants, in order to protect the family and provide for the children.
This law is not applied to foreigners, and they can make a Spanish will leaving their property to the person of their choice, as long as their own national law permits this free disposition of property.
OPEN SPANISH WILL
Open will is the most usual way of making a will in Spain. You will inform the notary of your last will, having with you the passport or residence permit. The notary will give you a “Copia Simple”, an authorized copy of your Spanish will (made out in two columns, one in Spanish and one in your language), and keeps the original in his office, sending a notification of the will to the Central Registry of Spanish Wills (Registro Central de Última Voluntad) located in Madrid.
This registry assigns a certification number to every will and files them to ensure that a legal copy can always be found. In case you don't know if the testator made a Spanish will, you can request a certificate to the central registry under the deceased person's name. If the will exists, the registry will give you a certificate with the number and name of the notary who did it in the first place from whom you will be able to get a copy.
The certificate can only be obtained within 15 days after the testator's death. The official form of “Últimas Voluntades” can be obtained in Estancos (Tobbaco and post office) which you will have to present together with a literal deceased certificate.
How to get the Certificate of last will:
a)- By mail: sending the “Últimas Voluntades” form and the literal deceased certificate to this address
Registro de Actos de Última Voluntad,
C/ San Bernardo, 45
28015 - Madrid
b)- In person, from the office in Madrid:
Registro de Actos de Última Voluntad.
C/ Ríos Rosas, 24. Madrid. Planta Baja.
Telephone: 913904857 - 913904902
Or going to the Ministry of Justice branches in the main Spanish towns
Closed will (Testamento Cerrado) is the Spanish last will used by testators that wish to keep the
content and dispositions of their will secret. The testator gives the will to the notary in an envelope. The notary seals the envelope, signs it, files it and send a notification to the Central Registry of Spanish Wills (Registro Central de Última Voluntad) located in Madrid.
The procedure for getting the certificate of Ultima Voluntad is the same as for the open will.
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