Normally spanish Wills are signed before a public notary in Spain, however in the current circumstances and with the severe restrictions on freedom of movement and confinement, notaries can only attend to urgent matters.
The same situation is occurring in most European countries, so what is the solution?
1) THE HAND WRITTEN WILL “TESTAMENTO OLOGRAFO”:
in accordance with article 678 of the Spanish Civil Code you can write your own Will at home by hand (not valid on an electronic device or computer) but this type of Will is subject to compliance with the following requirements:
a) Must be a handwritten Will and can only be granted by the testator (not a family member or friend).
b) Must express the year, month and day when it is signed
c) Corrections or crossed out words must have the testator’s signature
d) Must be presented to the Spanish notary within a period of ten days from the death of the testator.
To avoid conflicts or even the invalidity of any testamentary clause it is necessary to have legal advice for its correct drafting.
2) THE TESTAMENT IN CASE OF PANDEMIC
Article 701 of the Spanish Civil Code allows you to grant a Will in the event of pandemia without the intervention of a notary subject to it being granted and signed before 3 witnesses over the age of 16.
3) THE TESTAMENT AT IMMINENT DANGER OF DEATH
Article 700 of the Spanish Civil Code allows you to grant a Will in the event of inminent death without the intervention of a notary before 5 suitable witnesses
All these Wills can be granted outside Spanish territory and are indeed useful legal tools to protect your property and investments in Spain (money in Spanish bank accounts, financial products, life insurance). However, it is better to ask for legal advice since a simple consultation in time will avoid your heirs having to go to Spanish court to resolve doubts or the correct interpretations of any of the clauses.
