The law in Spain is different from the law in the U.K. regarding the making of a will. If you have a property in Spain, or any other assets, you should make a Spanish will to avoid any legal problems for your heirs. The will is made to protect any property in Spain. You therefore need to ensure a will is in place in Spain in addition to any will may have made in the U.K.
The making of a will in Spain can be complicated. Make sure you obtain the services of a good solicitor (abagador) to help you with the process. The solicitor will also recommend a public notary to you.
In Spain, the person making the will (testator) must be at least 14 years old. Spanish law restricts who the testator can leave any property to in order to protect the family and provide for the children. This usually means that all property and assets are shared between the children and not the surviving spouse. This law does not apply to foreigners and they can leave their property to anyone they choose, as long as it is legal in their own country, but a Spanish will has to be drawn up to allow this.
There are two main types of will in Spain:
Open Spanish Will
An Open will is the most common way of making a will in Spain. You must take your will to the notary with your passport and residence permit. He will give you an authorized copy of your Spanish will (Copia Simple) which is a simple declaration written in both Spanish and English. He keeps the original and sends a notification to the Registro Central de Última Voluntad in Madrid. This is where a record of your will is kept to ensure a valid copy is always available.
The Registro Central de Úlitima Voluntad is also the place to obtain information in case a family member dies in Spain. If you are unsure as to whether the deceased has left a will, you can contact the registry and request a certificate under the deceased’s name. If a will exists, the registry will issue you with a certificate with the certification number and the name of the notary who registered the will so you can obtain a copy.
Closed Spanish Will
A Closed Will (Testamento Cerrado) is a Spanish will made by testators that wish to keep the contents of the will a secret. The testator gives the will to the notary in an envelope. He then seals it, signs it, files it and sends a notification to the central registry.
If you send off for information about the will you will only receive a note of the name of the notary who registered the will.
The certificate can only be obtained within 15 days of the testator’s death. You can obtain the certificate of the will either:
1. By mail: sending the Último Voluntades form and the literal deceased certificate to this address:
Registro de Actos de Última Voluntad,
C/ San Bernardo, 45
28015 – Madrid
2. In person, from the office in Madrid:
Registro de Actos de Última Voluntad.
C/ Ríos Rosas, 24. Madrid. Planta Baja.
Or you can go to the Ministry of Justice offices located in the main Spanish towns.