Wills: Everything we need to know about them

In today's article we are going to know a little more about wills, how many types there are and which ones are of a special nature.

Everything we need to know about wills

To start, it is important to know what a will, which is a legal form that helps to distribute the assets of a deceased among the heirs, so the notary must be assisted in order to write it effectively.

There are different types of wills, so the notary will be able to specify the one that best suits each person. It is essential to mention that any individual over the age of 14 and who is in full use of his faculties can make a will.

This legal element helps to fulfill the last wishes of the person after they die, so family members must attend the notary in order to read the will and then effectively distribute the assets, which is known as inheritance award.

What are the types of wills?

The will is a legal document that is signed before a notary with the purpose of presenting the last wishes of the deceased, it helps to distribute the assets of the deceased among his heirs, being regulated by articles 662 to 743 of the Civil Code and there are three types of wills:

Open Will

It is the document through which the testator presents his last wishes before a notary. He will perform his reading after he dies. Therefore, it is the notary himself who will be in charge of writing said document, placing the date and place of the signature.

If the testator cannot appear before a notary public due to an emergency, 5 witnesses will be required to validate the will. In addition, it must be approved before a notary public in a period of less than 60 days.

Closed Will

Its main difference is that it is delivered in a sealed envelope before the notary, so no one will know about its content. It will only be opened in the presence of the notary after the testator dies.

To carry out this type of will there are certain formalities that must be complied with. First, the will must be written. Secondly, it must be signed by the testator.

Therefore, if it has been written by another person at the request of the testator, he must place his signature on each of the pages and at the bottom of the will. But, if the testator cannot sign the document, another person will sign it for him and put the reason for this request.

In addition, if each of these requirements is not met, the will may be declared null and void and will be considered as a holographic will.

Holograph Testament

It is known as a document written by hand and signed by the testator, being mandatory that the testator is of legal age. When he dies, the person who has this document will have a term of 5 years to present it before a notary.

Are there other types of wills of a special nature?

Yes, in Spanish territory you can find other types of wills that are more special than those explained above. For example, those mentioned below:

• Military will and maritime will: this type of document allows officers to express their last wishes before a person with a high position in the Army or the highest ranking person in the maritime vessel during war or a trip on the high seas.
• Testament granted in a foreign country: it is made when a person expresses his last wishes outside Spanish territory and for it to be valid in Spain, two or more people must not appear in it.