Types of Will
Making a will is one of those decisions that many people postpone, either because they think the time has not yet come, or because there is the mistaken belief that it is a complex or costly procedure. However, the reality is very different: making a will is simple, quick and economical, and it represents one of the greatest guarantees of legal security both for the person making it and for their heirs.
At the notary's office, we receive numerous questions daily from clients who are considering making a will for the first time. For this reason, we want to explain exactly what it is and what types of wills exist.
What exactly is a will and what types of wills exist?
A will is the legal act by which a person decides how their assets and rights will be distributed after their death. It is a very personal, revocable and free document, which means that:
- Only the interested person can make it (never a third party on their behalf).
- It can be modified as many times as desired.
- Its provisions will only apply after death.
In short, the will allows you to arrange the succession in advance and avoid uncertainties for the family members.
Learn more about why it is advisable to make one:
There are different types of wills as we will see below.
What types of wills exist in Spain?
The Civil Code provides for various forms of wills, although in practice some are more common than others:
Notarial open will
It is the most common. The testator declares their will before a notary, who is responsible for drafting the deed and giving it legal form. A copy is kept in the notary's office and its existence is communicated to the General Register of Last Wills.
Practical example: a married person with two children decides to divide their assets equally between them, but also wants to ensure that the spouse has the right to use the family home. The notary adapts these provisions to the law and incorporates them into the will.
Explore more here:
Digital wills or online will
Currently, it is possible to decree your will online through what is known as "digital will". In this case, the person's intention is established to manage or close the contents of their digital accounts. It is a clause that is incorporated within the open will before a Notary.
Get more information at this link:
Holographic will
It is the handwritten will by the testator themselves, with date and signature. Although it may seem an easy option, it causes many problems: sometimes it gets lost, other times it is challenged because the handwriting is not recognised, or it simply does not meet the legal requirements. Furthermore, it subsequently requires a judicial procedure for its validation.
Closed will
The testator hands the notary a document with their succession provisions, without the notary knowing its content. Nowadays this is very rare, as the open will offers greater security.
In this article we show you the differences between them:
Joint will
It is a type of will in which two people — usually spouses — jointly dispose of their assets in the same document. It is not permitted under Common Law or in Catalonia, but it is allowed in some territories with regional law such as Aragón, Navarra or the Basque Country.
Its main advantage is that it allows coordination of provisions between the two grantors, for example, leaving the assets first to the spouse and then to the common children, ensuring a harmonised distribution.
Practical example: a married couple residing in Aragón decide to grant a joint will in which both leave the other as universal heir, and in the absence of the latter, to their children in equal shares.
In the rest of Spain, the closest option is for each spouse to grant individual but coordinated wills, which is what we usually recommend in notary offices when clients ask about this figure.
Advance Directive Testament
Will by which a person's wishes are established in moments close to death: whether they wish to be resuscitated, whether or not certain treatments are to be applied, it determines if they wish to donate organs or what will happen to the mortal remains once deceased, as well as if they want to opt for the right to a dignified death (euthanasia).
Making a living will or advance directives will at a notary’s office is different from a normal will, although it is also a simple procedure.
Other exceptional modalities
There are special wills in specific situations (in danger of death, in case of an epidemic, at sea or in a military campaign), but they are residual and practically not used in practice.
What is the most advisable will?
In the notarial experience, the open will is by far the safest option. It avoids interpretation problems, guarantees its safekeeping and allows the content to be adapted to each personal and family situation. Furthermore, it is granted in a few minutes and at a very low cost.
JLA Notaries for the different types of wills
If you need a Notary in Barcelona for wills, do not hesitate to contact JLA Notarios, notary office in Barcelona. With our extensive experience and satisfied clients, we are characterised by providing a fast, efficient and always personalised service according to your needs.
Do not hesitate to make an appointment with us either by e-mail, through the contact form on our website or by visiting us at our office on Avenida Diagonal. We hope this article about the different types of wills has helped you to resolve your doubts.
