3 WAYS TO SIGN YOUR SPANISH WILL OUTSIDE OF SPAIN – PROTECT YOUR PROPERTIES AND INVESTMENTS

Estate Planning Word Cloud ConceptNormally 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 of the 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 an electronic device nor a computer) but this type of will is subject to compliance with the following requirements:

a) Must be 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 that the same is 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 on time shall avoid your heirs having to go to spanish court to resolve doubts or the correct interpretations of any of the clauses.

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Author: J. Escobedo

I am a member of the Tenerife Law Society since 1989 with a dedicated team for anyone who needs an immediate answer or long term solution to any practical or legal issues appertaining to any property or business investment in Spain. If you have decided to move to Spain to start a new life, whether that´s buying a property or a business, then you will definitely need the services of a good Spanish Lawyer who is fully conversant with Spanish protocol and who has a good command of the English language. I am based in the south of Tenerife and I am specialist in Property Law, Inheritance issues and taxes as well as Tenerife and Canarian law and a great deal more. ABOUT MY STAFF All my friendly and professional staff are fluent in English. We have been working for foreign clientes for over 30 years in Tenerife, providing legal advice and litigation services to all our clients investing throughout the whole of Spain and we pride ourselves on providing a high quality service to our clients in the form of clearer communication and advice.

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