Few legal decisions have as much impact on a family’s future as drawing up a will. However, many people put it off out of lack of knowledge, thinking it is complicated or, simply, not knowing where to begin.
In Spain there are several types of will, each with its own requirements, advantages and disadvantages. Choosing the right one can make the difference between an inheritance that is settled calmly and one that generates family conflicts for years.
In this guide we explain clearly and practically what types of will Spanish legislation recognises, when each one is advisable and what you should bear in mind before making such an important decision.
What is a will and why is it so important?
A will is a legal document through which a person —known as the testator— expresses their wishes on how their assets and rights should be distributed after their death.
Without a will, the inheritance is divided according to the rules of intestate succession, that is, what the law establishes by default. This may not match at all what the deceased would have wished.
Drawing up a will is the only way to ensure that your wishes are respected. It also greatly eases the formalities for your heirs, avoids disputes and reduces the time and costs of the inheritance process.
Who can make a will in Spain?
Any person over 14 years of age who is of sound mind at the time of doing so can grant a will. The capacity to make a will is always presumed unless there is a court judgment that expressly limits it.
Types of will in Spain according to the Civil Code
The Spanish Civil Code classifies wills into two broad groups: common wills and special wills. Within each group there are different modalities.
Common wills
These are the ones any citizen can grant in normal circumstances. There are three types:
1. Open notarial will
It is the most usual and the most recommended. The testator goes to a notary, expresses their wishes and the notary drafts the document, attesting that the content faithfully reflects what the testator wants.
Advantages:
- The notary advises and guarantees legality.
- It is recorded in the General Registry of Last Wills.
- It is very difficult to challenge.
- The heirs do not need to locate it: it is on the public registers.
Disadvantages:
- It has a notarial cost (generally between 40 and 90 euros, depending on the case).
- There is no complete confidentiality, since the notary knows the content.
It is the safest option for the vast majority of people.
2. Closed will
The testator drafts their will privately, places it in a sealed envelope and hands it to the notary, who draws up a deed of its delivery without knowing the content.
Advantages:
- Complete confidentiality over the content.
Disadvantages:
- It requires several strict formal steps.
- If the formal requirements are not met, it can be declared void.
- After death it must be opened judicially or before a notary.
- Nowadays it is a very rarely used modality.
3. Holographic will
It is the will written, dated and signed in one’s own hand by the testator, without the intervention of a notary or witnesses. It is the simplest to grant, but also the one that can cause the most problems.
Advantages:
- It can be made at any time and place.
- It has no immediate economic cost.
- Maximum privacy.
Disadvantages:
- It must be written entirely by hand (typed or computer-written does not count).
- It requires judicial or notarial verification after death, which adds formalities and costs.
- It is easier to challenge over doubts about authorship or the testator’s capacity.
- If it is lost or destroyed, there is no copy in any register.
- Any formal error can invalidate it.
When does a holographic will make sense? Only in urgent situations, when there is no time or possibility of going to a notary. It is not the advisable option for anyone who wants to guarantee that their wishes are carried out.
Special wills
These types of will are intended for exceptional situations and have limited validity in time.
Military will
It can be granted during a military campaign, whether in war or in active operations. It is authorised by an officer or chaplain of the army in the presence of two witnesses. It lapses after four months if the testator survives and returns to an area where they can go to a notary.
Maritime will
It is granted on board a ship during navigation, before the captain or the relevant officer and with witnesses. It also lapses four months after the testator reaches land and can go to a notary.
Will in the event of an epidemic
It allows a will to be made before three witnesses over 16 years of age when there is a declared epidemic that prevents access to a notary. It likewise lapses two months once the epidemic ceases.
These special wills are extremely rare in everyday practice, but the law provides for them to ensure that no one is left unable to express their last wishes.
The holographic will: what you should know if you are considering it
Since the holographic will attracts a very high volume of searches, it deserves special attention. Many people look to it as a quick and cheap alternative to the notarial will, but it is worth knowing its risks well.
Formal requirements of the holographic will
For a holographic will to be valid in Spain, it must meet all of these requirements without exception:
- Written entirely by hand by the testator. Not a single line may be typed.
- Dated with the day, month and year complete and legible.
- Signed by the testator at the end of the document.
- The testator must be of legal age (in this case, majority is required, unlike other types).
Any failure to meet these requirements can lead to the will being declared void and of no effect.
What happens after death with a holographic will?
Within the ten days following the death, whoever holds the will is obliged to present it before a notary. From there a verification process begins that includes checking the handwriting and the signature, the appearance of the heirs and, where applicable, handwriting experts.
Only if it passes this process does the will acquire full validity. As you can see, it is not as simple as it seems.
“At BBM Abogados we defend the interests of individuals and businesses in Santander and Cantabria with a close, rigorous and fully transparent approach. If you have doubts about your case, we help you see it clearly.”
What can I include in a will and what can I not?
This is one of the most common doubts. The testator has the freedom to decide how to distribute their inheritance, but always within the limits established by law.
The reserved share: the legal limit on freedom to make a will
In Spain, part of the inheritance is reserved by law for certain heirs known as legitimarios (those entitled to the reserved share): mainly the children and descendants, and failing them the ascendants (parents, grandparents). The surviving spouse also has rights over part of the inheritance, although in the form of a usufruct.
This means that you cannot freely disinherit your children, except in the very specific cases set out in the Civil Code (grounds of unworthiness or disinheritance).
What can you decide in the will?
- Who receives the third of free disposal (you can leave it to whomever you wish).
- How the third for improvement (mejora) is divided among the descendants.
- Appointing executors of the will.
- Imposing conditions or charges on certain legacies.
- Acknowledging debts.
- Designating a guardian for minor children.
- Making specific legacies of particular assets.
Wills in Santander: how we help you at BBM Abogados
If you live in Santander or in Cantabria and you are thinking of drawing up your will, at BBM Abogados we have been supporting individuals and families since 1990 in all matters relating to Succession Law.
Our team advises you on a personalised basis to:
- Choose the type of will that best suits your personal, family and financial situation.
- Prepare all the documentation needed before going to the notary.
- Plan the inheritance efficiently, minimising the tax burden for your heirs.
- Resolve inheritance disputes when the inheritance is already open and disagreements arise between the heirs.
- Process inheritances from the outset through to the allocation of assets.
A well-drafted will is the best investment you can make for your family. It is not a question of age or wealth: it is a question of responsibility and foresight.
In Santander we have extensive experience in succession advice and in processing inheritances with assets in different autonomous communities, which can be especially relevant if you have property outside Cantabria.
How much does it cost to make a will in Spain?
The cost of a will depends on the type chosen:
- Open notarial will: approximately between 40 and 90 euros, according to the notarial fees. It is the most economical option considering the value it provides.
- Closed will: somewhat more expensive because of the additional formalities, and with further costs at the opening stage.
- Holographic will: no immediate cost, but with significant expenses in the subsequent verification (lawyer, notary, possible experts).
In many cases, prior legal advice from a lawyer specialising in succession can save you far greater costs in the future and guarantee that your will is completely valid.
Conclusion: do not put off until tomorrow what protects your family today
Making a will is not a formality reserved for the elderly or for large fortunes. It is an act of responsibility towards the people you love, which avoids suffering, conflicts and unnecessary costs at moments that are already difficult.
The open notarial will is, in the vast majority of cases, the best option: secure, economical, advised and registered. The holographic will can be an emergency solution, but never the first choice if you have time to plan it.
If you have doubts about which type of will best suits your situation or you want to plan your inheritance efficiently, contact BBM Abogados in Santander. Our team of Succession Law specialists will guide you from the very first moment, with the closeness and professionalism that have characterised us for more than three decades.
Frequently asked questions
What is the most advisable type of will in Spain?
The open notarial will is the most advisable for most people. It offers full legal certainty, is recorded in the General Registry of Last Wills and the notary advises so that the document is completely valid. Its cost is very low compared with the problems it avoids.
Is a will written by hand without going to the notary valid?
Yes, it is called a holographic will and it is legally valid in Spain provided it is written entirely by hand, dated with the day, month and year, and signed by the testator, who must be of legal age. However, after death it must go through a process of notarial or judicial verification, which adds formalities, time and costs. It is not the most advisable option except in urgent situations.
Can I disinherit my children in the will?
Not freely. In Spain, children are entitled to the reserved share (legítima), which is a part of the inheritance that the law reserves for them and of which you cannot deprive them except on very specific grounds of disinheritance set out in the Civil Code, such as physical mistreatment or serious insults. Outside those situations, if you try to disinherit them without legal grounds, they can challenge the will.
From what age can you make a will?
In general, people over 14 years of age can make a will, provided they are of sound mind. However, the holographic will requires legal age (18 years). Those under 18 and over 14 can only grant an open notarial will.
What happens if I die without a will in Spain?
If you die without a will (intestate), the inheritance is divided according to the rules of intestate succession in the Civil Code. The order of heirs is: descendants (children, grandchildren), ascendants (parents, grandparents), spouse and, lastly, other relatives or the State. This division may not match your real wishes, so it is highly advisable to leave a will.
Can I amend or revoke a will I have already made?
Yes, a will can be amended or revoked at any time while the testator is alive and has capacity to make a will. In fact, the most recent will is the one that prevails over the earlier ones. If your family or financial circumstances change (divorces, new children, purchase of assets), it is highly advisable to review and update your will.