How to Make a Valid Will in Spain: Comprehensive Guide with Practical Focus

Granting a will is the safest way to arrange your inheritance, reduce family conflicts, and optimise the transmission of your estate. In this guide, prepared by GVC Abogados (García‑Valcárcel & Cáceres) in Murcia, we clearly explain the legal requirements, types of wills, the step-by-step process before a Notary, and what happens after death. We integrate criteria from the *Código Civil* (Civil Code) and good notarial practices to ensure that your will is valid and effective.

Important note: in territories with their own civil law (Navarra, Aragón, Catalonia, Galicia, Basque Country, Balearic Islands, etc.), there may be particularities regarding legitimes and succession. This guide is based on the common regime of the *Código Civil* (Civil Code).

Legal requirements for a valid will

Capacity to make a will

• Those who are not prohibited by law may make a will. Minors under 14 years of age and those who are not of sound mind cannot.
• From the age of 14, one can grant an open or closed will before a Notary. A holographic will requires the age of majority (18 years).

Limits due to legitimes and forced heirs

• Descendants (children and, in their absence, grandchildren): a legitime of two-thirds of the inheritance. One-third is the strict legitime (equal distribution among children) and the other is the improvement third (which can be distributed among descendants as desired). The remaining third is freely disposable.
• If there are no descendants and there are ascendants (parents/grandparents): the legitime of the ascendants is, in general, half of the hereditary estate (this varies if a spouse is present).
• Widowed spouse: has usufruct rights (for example, under the common regime, usufruct of the improvement third if there are descendants; if there are none and ascendants are present, usufruct of half).

Legitimes restrict the freedom to make a will. Proper planning avoids partial nullities, reductions due to inofficiousness, and litigation among heirs.

Recognised forms of will and when to choose each one

Notarial open will (the most recommended)

• It is granted before a Notary, who drafts it according to the testator's wishes, reads it aloud, and authorises the document. It provides legal security and minimal litigation.
• Witnesses: they are not mandatory except in certain cases (for example, if the testator cannot read or sign, is blind, or when the Notary deems it necessary).
• Advantages: notarial custody, registration of existence in the General Register of Last Wills (not its content), easy location by heirs after death.

Closed will

• The testator presents their will in a sealed envelope before a Notary, complying with strict formalities of closure and declaration. The content remains secret until death.
• Disadvantages: greater formalism and risk of nullities if technical requirements are not respected. It is rarely used today compared to the open will.

Holographic will (handwritten)

• Only for adults. It must be entirely written and signed by the testator, with a complete date (day, month, and year). It is also recommended to indicate the place.
• After death, it must be presented for verification and judicial protocol within five years; otherwise, it will have no effect.
• Risks: loss of the document, doubts about the handwriting or date, challenges, and higher costs/procedures later. Use it only if it is not possible to go to the Notary.

Special wills

• Imminent danger of death or in case of an epidemic: allow exceptional forms with witnesses when it is not feasible to go to a Notary, but they have limited validity and must be formalised promptly.
• Military and maritime: use specific formalities; for example, the military may require suitable witnesses and expires a few months after the campaign situation ceases.

Step by step to grant an open will before a Notary

1) Preparation

• Identify yourself with DNI/NIE/passport and, if applicable, provide documentation of relevant assets (deeds, shares, life insurance with beneficiaries, etc.).
• Define heirs and legatees, percentages/thirds, substitutions (for example, vulgar substitution in the case of predecease) and provisions regarding the marital home or family business.
• Consider the matrimonial economic regime, prior agreements, disability of heirs, and protection of the surviving spouse through usufruct legacies, preferential attribution of housing, or socini safeguards.

2) Drafting useful clauses

• Executor and, where appropriate, accountant-distributor to facilitate distribution and reduce conflicts.
• Appointment of a guardian or curator for minor children or persons with disabilities, in accordance with the framework of support for legal capacity.
• Digital assets: designate a responsible person and destination for accounts, domains, cryptocurrencies, and files.
• Tax planning: arrange legacies or attributions that minimise friction and consider the Inheritance Tax of your autonomous community.

3) Granting

• The Notary will read the will to you, confirm your capacity and intention, and you will sign it. If you cannot sign or read, witnesses and specific mentions will be used.
• The will is kept in custody by the Notary and its existence is communicated to the General Registry of Last Wills.

After Death: How to Locate the Will and Execute the Inheritance

Certificate of Last Will Acts

• This is the official document that indicates whether the deceased made a will and before which Notary and date. It is requested 15 working days after the death.
• How to request it: online or in person with Model 790, proof of fees, and a literal death certificate.

Obtaining the Authorized Copy and Distribution

• With the certificate, the heirs request the authorized copy of the will from the Notary and process the partition and allocation of the inheritance.
• If there is no will, the declaration of heirs ab intestato is initiated before a Notary (order: descendants, ascendants, spouse, collateral relatives, etc.).

Key Frequently Asked Questions

Can I disinherit a child?

Only for reasons specified in the law and with restrictive interpretation. The proof and precision of the clause are crucial to avoid nullities. Specialized advice is recommended.

How do I protect the widowed spouse and avoid conflicts among children?

By means of the spouse's usufruct (cautela socini), legacies of housing and furniture, preferential allocation of a business or establishment, and an executor to carry out the distribution.

How much does a notarial will cost?

The notarial fee for a simple will is generally moderate and standardized throughout Spain. The cost increases if the content is complex. Consult your Notary or lawyer for an exact quote.

Can I change or revoke my will?

Yes. The last valid will revokes the previous ones. It is advisable to review it after marriages, births, divorces, significant acquisitions, or tax changes.

Common Mistakes That Invalidate or Complicate Wills

• Forgetting the legitimate shares and causing reductions or challenges.
• Using a holographic will without guarantees: unclear handwriting, lack of date, or loss of the document.
• Not providing for substitutions, executor, or partitioner, leaving an ungovernable distribution.
• Not aligning the will with insurance policies, beneficiaries, and marital agreements.
• Not considering digital assets or situations of disability of heirs.

Quick Checklist for a Valid and Effective Will

• Verify your capacity to make a will and choose the safest form: notarial open.
• Respect the legitimate shares and plan the third for improvement and the free disposition.
• Include substitutions, executor, and, if applicable, partitioner.
• Regulate the family home, business, and digital assets.
• Ensure consistency with insurance and marital agreements.
• Keep a simple copy and inform a trusted person of the chosen Notary.

GVC Lawyers: Specialists in Inheritance and Family Law in Murcia

At GVC Abogados (García‑Valcárcel & Cáceres), we have been helping families plan and defend their succession since 1946 with rigor and closeness. Our team combines experience in family law and successions, mediation, and technical expertise to prevent conflicts and ensure that your wishes are fulfilled.

• Comprehensive advice on wills, legitimate shares, disinheritance, inheritance partitions, and planning for the surviving spouse.
• Defense in will contests, reductions for inofficiousness, and conflicts among co-heirs.
• Civil and commercial mediation for quick and efficient agreements.

If you are looking for inheritance lawyers, family law lawyers, or lawyers in Murcia, we can help you. We are located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia. Request a consultation to review or draft your will and leave your family and assets in order.