Notarial will
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We explain all the necessary information about making a will, what it is and what it is for.
As notaries with more than 30 years of experience, at the Bosch Notary in Barcelona we can offer you a service appropriate to your needs and inform you of all aspects related to this type of notarial service.
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Make a will at the notary It is usually named as notarial will. It is a legal document in which a person (called the testator) expresses his will about how he wants his assets to be disposed of after his death and who has or receives them. The notarial will is drafted by a notary and kept in his protocol, which makes it a public and authentic document in the eyes of the law.
Remember that the economic repercussions of the will for the heirs may vary depending on the Autonomous Community where you reside and where the assets to be inherited are located, depending on the case.
Will price
In Barcelona The price of making a will before a notary is between €49 and €90, depending on the complexity of the will and other variables. These are the usual rates in the autonomous community of Catalonia. The price of making a will before a notary has a fixed rate because it is regulated by regulations that establish minimum and maximum fees.
This regulation seeks to ensure that the process is accessible and fair for all. However, the cost may vary by Autonomous Community because each region has the power to apply a reduction or increase in notary fees, within the limits established by national law. This adjustment depends on local factors such as the economy and regional policies of each community.
Testament concept
It is a declaration of unilateral will and its content is essentially inheritance (art. 667 CC), whose execution is the cause of the acquisition of property (art, 609 CC). It's a open document which may contain other statements or statements. The Will may contain legal provisions that are not strictly inheritance. Minor or disabled children may be appointed guardians, and a non-marital affiliation recognized.
In it are instituted heirs and legatees are appointed amen of other inheritance provisions such as conditions, or modes. It's about a revocable act, since in practice several wills are granted in the life of a person, producing a later testamentary document that repeals the previous one without expressing any cause. Exceptionally, the case of the recognition of a child will appear as an irrevocable legal fact. See standard testament model.
The will is a very personal act. This means that it can only be granted by the interested party and that, in no case, can it be a third party such as the commissioner or representative empowered to do so. The possibility of making a testamentary document by a third party (commissioner, trusted heir or other similar figure) is prohibited by the CC but in the foral regions it is admitted.
In case of there is no testament or it becomes ineffective or null, the deceased dies "ab intestato”, Meaning that the heirs to the estate of the deceased will be called according to the established legal order, which in any case, must accept it.
The Bosch Notary of Barcelona has a team of more than 20 people who offer you the complete catalog of notarial services that any person, company or entity may require.
Specialized and with extensive proven experience in the most complex aspects such as inheritances, wills, mortgage deeds, etc. Don't hesitate to make an appointment if you have any needs.
Notarial testament classes in the Spanish Civil Code
The CC contemplates two classes of notarial wills: T. notarial open and T. notarial closed. Wills not subject to any form or testamentary solemnities contemplated by Law, will be null.
Notarial open will (Art. 694 and 695 CC)
The testamentary document must be granted by a competent Notary. The testator expresses his last wishes orally or in writing to the Notary, and the latter will be in charge of drafting his decisions. The notary is the one who authorizes the use or adaptation of public instruments, being the will a public deed, and therefore, a type of notarial public instrument.
Testament language
It will be written in the official language, in Spanish or in another official language recognized by the CCAA. When the notary does not know the language in which the testator expresses his wishes, the presence of an interpreter is required. The Notary, even knowing the language, will draft the document in double column (each column with the corresponding language) or will incorporate the translation into the official language into the public instrument.
Are witnesses required to make a will?
At present, the presence of witnesses is not necessary to grant a open notarial will, except in special cases where the notary, the testator, or the law require it. The notary's involvement in this type of will ensures that the document meets legal requirements and accurately reflects the testator's wishes, without the need for witnesses in most situations.
However, there are exceptional cases In these cases, the presence of witnesses is mandatory to reinforce the validity of the act and ensure that the testator's wishes are correctly expressed. These cases include:
- When the testator declares that he does not know or cannot sign. In this situation, witnesses certify that the testator has expressed his or her last will and testament and that the document has been drafted in accordance with his or her instructions.
- If the testator is blind or declares that he or she does not know or cannot read the will himself or herself. Although the notary will read the will aloud, in the case of a person with total or partial blindness, the intervention of witnesses is necessary to guarantee that the content is what the testator intended.
- When the testator is completely deaf and cannot read or write. In this case, witnesses play a crucial role, as they will be the ones to read the will in the presence of the notary and express their consent regarding the accuracy of the testator's wishes.
- If the Notary deems it necessary. The Notary may require the presence of witnesses in cases where he or she has doubts about the testator's capacity or the clarity of his or her will.
Who cannot be a witness to the open notarial will?
To avoid potential conflicts of interest or undue influence, the law establishes restrictions on who can act as witnesses to the signing of an open notarial will. The following may not be witnesses:
- The heirs appointed in the document. Anyone who receives property or rights in the will cannot be a witness, as this could create a conflict of interest.
- The spouse of the testator. Since there may be a patrimonial interest in the inheritance, the law prevents the spouse from acting as a witness to ensure the impartiality of the act.
- Relatives within the fourth degree of consanguinity or second degree of affinity. This includes the testator's children, grandchildren, siblings, aunts, uncles, nephews, and cousins, as well as parents-in-law, brothers-in-law, and sons-in-law or daughters-in-law. The reason for this limitation is to avoid family pressure when drafting the will.
Closed will
What is it?
It is an infrequent way of testing because it does not present advantages compared to the open one. It consists of making a will without the last wishes of the testator being known by the person who authorizes the document (the Notary). It can be notarized, military or granted abroad.
Who can execute a closed will?
El closed will can be granted by any person over the age of 14 years in the Making, as long as you have sufficient legal capacity to express their will freely and consciously. However, there are exceptions to this standard:
- People who are blind or totally visually impaired They cannot grant a sealed will, since they would not be able to verify the contents of the document themselves.
- Those who do not know or cannot read Nor can they do so, since the signature and personal reading of the will are essential requirements to guarantee its validity.
This type of will differs from the will open, in which the notary knows the content, and of the holograph, which is written exclusively in the testator's own handwriting without the intervention of a notary at the time of its drafting.
How to make the last declarations of will?
El Civil Code It allows for a sealed will to be made in various forms, provided that the requirements of authenticity and security are met to ensure that it truly expresses the testator's wishes. The options are:
- Holographic (handwritten): The testator writes the entire document in his or her own hand. This method is valid as long as his or her handwriting is legible and clear.
- Written by any mechanical means: It can be written using a computer, a typewriter, or any other system that allows printing. In this case, it is essential that the testator firm on all its pages to certify that it is your express will.
- Written by someone else: If the testator does not draft the document themselves, they may ask someone else to do so on their behalf. However, it is still essential that the testator sign each page and at the end of the will.
In any of these cases, the The testator must initial all pages of the document and sign it at the end, thus ensuring that the content is what you have truly decided to express as your last will.
How does the notary intervene in the process?
Unlike open will, where the notary knows and drafts the content, in the closed will The notary is only involved in its certification and preservation, without accessing the document's content. The procedure is as follows:
- Introduction in a sealed envelope or surface: Once written and signed, the will must be kept in an envelope. closed and sealed to prevent tampering.
- Delivery before a Notary: The testator takes the envelope to the Notary and declares that his or her will is inside. The Notary cannot know its contents, thus ensuring its confidentiality.
- Sealed in the presence of the Notary: Alternatively, the testator may present the document without an envelope, insert it into the cover in the presence of the Notary, and seal it at the same time.
- Deed of Grant: The Notary extends a deed of granting a closed will on the cover of the envelope. This document certifies that the will has been properly delivered and registered, guaranteeing its authenticity.
Obligations of those who have a closed notarial will
From the death of the deceased, the person who has in his possession the testamentary document or the competent Notary who had it deposited, is obliged within a period of 10 days to bring it to the attention of the surviving spouse, descendants, ascendants or collateral relatives within the fourth degree the existence of the will.
If this duty is breached, it is possible to claim damages from the offender.
If the subject does not comply with the obligation by fraud, he will lose, in addition to the obligation to respond for damages, the right of inheritance that corresponds to him.
Online services of the Barcelona notary
You can make an online consultation at the notary's office. Or if you prefer you can APPOINTMENT for a video conference with the notary and ask your question.
This type of online notary service is ideal when the preparation of documents is not required. Click this link: online notary to request information.
We also offer another type of online service such as the request fast simple copies online. By filling out the form on the page you can request your simple copy electronically.
Will FAQ
A will is a legal document in which a person, called a testator, expresses his last wishes and provisions regarding his assets and rights, as well as the care of his minor children or incapacitated persons.
To make a will you only need to go to the nearest notary with your ID or passport and leave your will in writing. The Notary will be in charge of writing it in writing clearly reflecting the place, date and time in which it was granted.
It is the one in which the Notary and the witnesses intervene. The open will, without the presence of a Notary, can be registered in writing or orally in case of danger of death or pandemic.
To modify a will, it is necessary to make a new will that nullifies or modifies the provisions of the previous will.
It must be written, dated and signed completely by hand by the testator.
A will before a notary usually has a price that ranges between 40 and 60 euros, being the most common type signed. However, holographic wills can have a price of up to 100 euros.
The price of making a will in Spain is between 38 and 50 euros, according to data from the General Council of Notaries. Having this document signed will save the heirs a lot of paperwork for the distribution of assets.
The most common thing is to go before a notary presenting your identity document. The intervention of the notary guarantees that all legal formalities are met and will also preserve the document by giving a copy to the testator.
The will must be kept in a safe place, known to the testator and his heirs. The notary, in the case of notarial wills, is also responsible for keeping the will in his or her file.
After knowing our wishes and advising us on current legality, the notary will draft the will and proceed to authorize it. It is a very personal act; The intervention of witnesses is not necessary except in very specific cases.
It is one in which a person, before a notary, declares his last will personally and directly. The notary is responsible for drafting the will according to the instructions of the testator, who signs it in the presence of the notary and two witnesses.
It is a will written by hand by the testator, without the need for a notary.
The will is a very personal, revocable and free act, by which a capable person disposes of his or her assets and rights, and declares or fulfills duties after his or her death.
It is very simple. It is enough to go to the notary with the National Identity Document and explain how we want to distribute our assets. It is not necessary to make an inventory of the assets we have, nor present any document proving it.
1.-The medical care that you want or do not want to receive in the event of an accident, terminal or incurable illness, such as surgical, experimental treatments, medication or painkillers, among others. 2.-If you wish to receive religious assistance or not. 3.-If you want to be cremated or buried.
In any case, the Living Will should not include certain issues that health personnel cannot carry out, that is, actions that are contrary to the law, such as active euthanasia, nor can they carry out actions contrary to good clinical practices, to accepted medical practices...
In the event that a person dies without a will, the inheritance law applies, which establishes the legal heirs of the deceased person.
If it is not found, it is legally considered as if it never existed.
In Spain, there are two main types of wills: Notarial will: it is the most common and is made before a notary, who will write the will according to the testator's instructions. Holographic will: it is one that is written by the testator's own handwriting, without the intervention of witnesses or a notary.
For this will to be valid, it must be written in its entirety and signed by the testator, stating the year, month and day that it is granted. If it contains words that are crossed out, amended or between lines, the testator will save them under his signature.
The testator may personally or through an authorized representative withdraw the holographic will deposited in the General Notaries Archive at any time.
Any person over 18 years of age, in full capacity of discernment, can make a will.
Yes. When making a living will, the grantor can leave in writing that he or she wishes to advance his or her death when certain irreversible circumstances are met. In this way, the grantor cannot be kept alive against his will.
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If you are interested in receiving more information about this notary service, request an appointment at our Barcelona notary. Our professionals will be happy to answer your questions.
If you are wondering where to find a notary near meBosch Notary Public is the answer. Located at 32 Paseo de Gracia, Barcelona, it offers easy access by car, taxi, and public transportation via the metro, train, and bus.