Death is not a pleasant subject to address, both because of its inevitability and because we lack certainty about when it will occur. That is why it is always advisable to keep our affairs in order while we are alive. In this way we can avoid chaos among relatives and loved ones when the time of death comes.
The foregoing takes on greater relevance when it comes to our assets and last wishes. To deal with this situation there is the will, which is the document that will make your last wishes clear. For this, do not hesitate to contact us at BBMabogados to help you draw up and process yours.
What is a will?
It is a legal act constituting the wishes of a person, with full capacity, in which they arrange the partition of their assets once their death occurs.
It is a document that can be revoked at any time the testator wishes. Likewise, drawing it up and processing it is simple and low-cost, although it is always recommended to seek professional advice in order to comply with all the formalities. This is undoubtedly the most orderly way of transmitting assets to heirs, avoiding problems and disputes among them in the future.
Types of will in Santander
It is important to know the options available when drawing up a will. With the advice of a lawyer who is an expert in this area, you will be able to determine the best way to make yours.
OPEN WILL
It is the most common and most advisable, drafted by a notary following the testator’s instructions, who must provide the deeds of the immovable property and any other documentation required to prove ownership. Once drafted, the testator signs it with the notary’s agreement.
The original document will be kept in the custody of the notary’s office.
CLOSED WILL
The document is handed to the notary’s office in a sealed envelope, having first stated whether it is holographic (written in the testator’s own hand) or not. Its content will only be revealed once the testator’s death occurs.
The notary will draw up a deed recording its delivery.
HOLOGRAPHIC WILL
This is one written entirely by hand, directly by the testator. It is important to note that in these cases the body of the document must be free of amendments or crossings-out and must be signed by the testator, stating a certain date.
This document generally remains in the possession of the person who made it.
It is important to bear in mind that this type of will presents some drawbacks, so its use is not recommended.
How to make a will?
These are the steps to follow to make an open will, as it is the most common and recommended. So, we must turn to our trusted lawyer, who will draft precisely how we want to reflect the division of our assets.
In this respect, the division of the assets can be made by each asset or according to a percentage of them.
As a requirement for its validity, the grantor must be at least 14 years of age and have absolute discernment of their acts. In addition, an inventory of the assets must be drawn up, which is a precise description of each and every one of the person’s assets and liabilities.
Another aspect that cannot be overlooked is respect for the reserved share. This is that portion of the inheritance that compulsorily corresponds to relatives established by law (children, parents or the spouse, for example).
Failing to comply with this could result in the partial nullity of the document.
What to do when a relative dies and you are an heir?
The first thing we should know is that once the will is authorised, the notary reports only the grantor’s details to the General Registry of Last Wills.
So, once the testator has died, you request the Full Death Certificate from the Civil Registry; with this you request a certificate from the General Registry of Last Wills, which will report that the person has granted a will and its date.
Thus, you must go to the Notary and request a copy of it. The division will be carried out as the will indicates. It is also important to know that within the six months following the death the Inheritance and Gift Tax must be settled, as well as the Capital Gains Tax (Plusvalía).
Why turn to a lawyer?
As you can see, this can be a simple subject, but certain details can lead to legal complications. That is why, if you have any doubts about it, it is advisable to seek advice from a lawyer who is an expert in the field before going to the notary.
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