Differences between open and closed wills
In the planning of our personal finances and assets, it is important to consider how we want our belongings to be distributed in the event of death. In this regard, the will is a legal instrument that allows us to put our last wishes in writing and determine who will be the heirs of our assets.
There are different types of wills and in this article we will look at the differences between the open and closed will.
Define and differentiate between an open will and a closed will.
To understand the differences between open and closed wills, it is particularly interesting to know the characteristics of each. So, as specialists in inheritances in Barcelona, we want to explain the peculiarities that exist between one and the other.
Difference between open and closed will
The open will is one that is granted at a notary’s office and records the last will of the deceased. The deceased can express their last will orally, in which case the Notary acts as a transcriber, drafting the will in the testament giving it the appropriate legal form, or in writing in a drafted document which the notary will follow in the drafting of the will. For the open will to be valid, it does not necessarily have to be granted by a Notary.
The Civil Code establishes that the act can also be authorised in the case of special wills by:
- diplomatic agents
- military officers
- witnesses
- ship captains
On the other hand, the Civil Code determines that any natural person over 14 years old who is fully capable can grant an open will. If a person is incapacitated, it is necessary for two doctors to be present to confirm the testator’s capacity before the Notaries. However, it is a document that is not used as much as it should be by society. A good will solves many of the problems that arise in inheritances.
At JLA Notarios we recommend that you grant a will and also recommend that if you make a will it be as simple as possible unless the situation is very complicated or special. In most common cases, a will with simple drafting and clauses also avoids disputes among heirs and problems when distributing the inheritance.
As we will see later, all this constitutes the differences between open and closed wills.
There are also two types of open will.
The ordinary one is granted following the usual procedures before a Notary. The extraordinary one is only made in case of a pandemic or imminent risk of death.
Furthermore, two types can be distinguished depending on whether it is granted before a Notary or not. The so-called open will is one in which the Notary and witnesses intervene. The will, without the presence of a Notary, can be registered in writing or orally in case of danger of death or pandemic.
To proceed with granting the open will you must go to a Notary’s office such as JLA, Notaries in Barcelona. Once there, the deceased sets out the elements, which are reflected in the document. Then, the content is read aloud and, once the testator gives their approval, they sign it.
If you need more information, you can read this article about the open will on our blog, where you will find expanded information on this matter:
What is a closed will?
The closed will is a document in which a person expresses their last wishes and how they want their assets to be distributed after their death. The main difference between an open and closed will is that the latter is handed to the Notary in a sealed envelope. Therefore, the contents are only revealed after the death of the person who grants it.
Differences between open and closed wills
Regarding the differences between open and closed wills, it is important to know them. The open will is made known orally and in the presence of three witnesses, whereas in the closed will no one knows the provisions and the number of witnesses rises to five.
In the case of the open will, the Notary does know the content. This can be a great advantage, as it is possible to ensure that the will is properly drafted so that it cannot be challenged after the testator's death.
The intervention of the notary in a will prevents the will from being null or generating doubts in its interpretation. The open will is the best option because the advice and drafting of the will help to avoid defects in the will. It also facilitates the clarity of the will's content, which prevents disputes among the heirs.
These are the differences that exist between open and closed wills regarding the requirements and procedure. If, on the other hand, no will has been made and you are going to receive an inheritance, you can consult the related information in this article:
With this article, we have wanted to show you the differences between open and closed wills, as well as the advantages and disadvantages of both. If you need a notary for wills in Barcelona, you can contact us via our email bcn@jlanotarios.com or through the contact form on our website. You can also consult our wide range of Services in Wills and Inheritances and we will assist you with whatever you need.
