Types of will

The will is defined as that act by which a person determines the destiny that he wants his assets to follow when his death occurs. It can be granted by all people who are over 14 years old and are not incapacitated by a court ruling.

There are two main types of wills : common ones and special ones . The common ones can be holographic, open or closed . The special ones can be divided into military, maritime or those carried out abroad.

A holographic will is one written entirely by the testator, his signature and the date on which he granted it must appear . This type of will can only be granted by people of legal age.

A will of this type must be validated by the judge of First Instance of the testator’s domicile within a period of 5 years from the day on which the death occurs (if it is presented after the deadline it is not valid). The judge will open the will and summon the witnesses – spouse, descendants and ascendants and, failing that, siblings to attest that the handwriting belongs to the deceased. Once this point has been verified, the division and allocation of the inheritance will begin.

The open will is executed before a notary , who preserves the original document. The intervention of two witnesses may be necessary in the event that the testator cannot sign or does not know how to do so, is blind, is unable to read the document himself or if the notary requests it.

For its part, in the form of a closed will , the testator does not reveal what his last will is, but warns that it is found in a document that he delivers to the notary.

The closed will can be written in the testator’s handwriting or written by a third party. In this second case, the testator must sign each and every one of the sheets. If he cannot do so, he must indicate the reason and identify the person who will do so on his behalf.

The document will be protected by a completely closed envelope or wrapper so that it cannot be removed without breaking it and will be deposited before a notary who will be in charge of authorizing its opening when appropriate.

Among the wills considered special are:

The military : indicated for war situations and which allows any soldier or personnel in the service of the army to execute a will before an officer (Captain at least), or before the chaplain or doctor who assists him. These wills expire four months after the testator stops being in the campaign. In cases of extreme urgency it can be granted orally before two witnesses.

Maritime : A type of open or closed will that is executed, always before two witnesses, during a sea voyage by any of those on board a ship. If the ship is a warship, it will be done before the commander of the ship and if it is a merchant ship, before the captain. Its validity is four months from the date of disembarkation.

The one carried out abroad : It is the one granted outside of Spain following the regulations that govern the country in which it is granted and may be open, closed or holographic.