Provisions 676 and seq. of the Civil Code presents to us the various kinds of wills in Spain:
Holographic Will
Just major age persons can grant this type of will. It will have to be written and signed by the testator with express mention of year, month and day of granting. If the document had crossed out, amended or rectified words or had words between lines, the testator will have to save them with his signature.
Foreigners can grant holographic will in their own language.
The legalization of this type of will is made before the First Instance judge corresponding to death domicile or testator’s last domicile within 5 years from death.
The deceased’s closest relatives will verify the deceased’s handwriting. Once this has been done, the judge will enforce the provisions of the will.
Open Will
The most common kind. It is juts necessary to go to a Notary Public and to state before him on your decisions for your goods after your death. The Notary will provide the required Public character to the document but will very rarely advise you on the most convinient terms for your and your heirs. Every will is then sent to the National Registry of Last Wills in Madrid.
Closed Will
The content of your will is not disclosed to the Notary. It is closed in a folder or envelope and sealed.
The solemnities of this kind of will are as follows:
1. The document will be placed in a folder or envelope and it will be sealed.
2. The granter will bring to the Notary the sealed document or will seal it before him.
3. The granter will mention before the Notary ( with the help of an interpreter if needed) that the document contains his will, if it is handwriting by him or third party or it has been typed and is signed at every sheet by him or someone on his behalf.
4. On the cover of the will, the Notary will place the Granting Letter and will express his knowledge of the granter and his judgment on testating capacity of the granter. This letter will be signed by testator and Notary.
5. A couple of pertinent witnesses can attend the signing if requested by Notary or granter.
This kind of testament cannot be granted by blind people or for those unable to read.
Once the will is granted, it will be given back to testator and the Notary will keep a copy of the letter of granting. He will inform on the existence of the closed will to the National Registry of Last Wills.
Arcos de la Frontera. By Santi MB at Flickr.com