Making a will in Spain
Many foreigners living in Spain will consider the issue of inheritance as they grow older. If there are multiple heirs, making a will is obviously an effective way to avoid disputes. Today, we will explain to you the issue of making a will in Spain.
Can foreign people make a will in Spain?
Yes, you can. Foreigners living in Spain, regardless the nationality, can make a will in Spain.
The will will be executed according to Spanish law .
According to EU regulations, inheritance will be executed according to the laws of the country where the person who died lived. For example, a foreign people residing in Spain will execute the inheritance distribution according to the Spanish law after death.
It is important to note that inheritance laws are based on the place of residence of the deceased person, not the place of death.
In practice, if a person’s “place of residence” is not clear and he or she travels between several countries, this can lead to conflicts of law between them.
In any case, making a will is a way to avoid disputes.
How to make a will in Spain?
A will can be made in Spain by anyone who is not restricted in his or her civil capacity and who is conscious and can make a will in any notary public office.
There are different forms of wills, the most common ones are
1. The sealed or closed will. As the name implies, the person making the will needs to write down the contents of the will and seal it in an envelope. This envelope needs to be taken to a notary public to be notarized. The envelope has to be opened after the person’s death.
The contents of the will can be handwritten or printed. The person’s signature is required. It can be written in any language. It is recommendable to write or translate a version into Spanish, since it will be enforced in Spain.
2.An open will is the most common type of will. The person making the will goes directly to the notary, tells the notary what the will is about, and the notary drafts the notarial certificate of the will, and the person signs it.
When notarizing, two witnesses can be brought along. The witnesses cannot be family members or people who have a conflict of interest.
In specific cases, the presence of other people is required for the notarization ceremony:
-If the person does not speak Spanish, he/she needs to bring a translator.
-If the person has a mental or neurological disorder, a doctor is required to witness the will making.
The above person cannot be a family member or a person with conflict of interest.
