Types of Wills

Types of wills: models of last will

Making a will can be a difficult process, but it will give you the peace of mind that everything is going to be served according to your wishes if the worst happens. The Testament is a legal document that contains your last will andcomes to negotiations regarding your property, rights, and personal relationships. In this document are named executors who administer your Affairs, guardians for your children, legacies to your relatives and decides what will happen with the rest of your heritage. There are different types of wills, you will learn its features.

Who can make a will?

You can perform will as a general rule:

  • Whoever has the capacity to act.
  • Anyone from 14 years, depending on the type of Testament.
  • Who not has been legally incapacitated to do so.
  • To who the not prohibited by law is expressly.

When should make will I?

Our recommendations are as follows:

  • You have a clear mind and want to decide how they will be cared for your property and rights in the future.
  • You do lose capacity and you can not make decisions for yourself.
  • Your health is limited and prefer to put on record, in life, in your desires.
  • How probate and what contains?

The inheritance includes all the assets and rights that you want to pass on to family members as partner, children, parents, siblings, etc. On the other hand, it can be tested by legacy. These are grants which makes the testator, in favour of a person, giving a specific good.

The document of last will leave record of your wishes convey rights and properties between:

  • Your spouse or common-law partner.
  • Your children.
  • Other beneficiaries.

Content of the testament

In the Testament, in addition to dividing your heritage among loved ones, you can:

  • Designate a guardian for your children.
  • Appoint an administrator of your personal property or businesses.
  • Make an inventory of heritage assets. It is a fundamental part for the subsequent partition of inheritance. These inventories must be written by professionals and register in the land registry to be valid.

We can find different types of wills, which we will explain in detail below. Ask your lawyer if:

  • You have properties abroad.
  • Personal property valued at more than €122,000
  • You have any commercial interest, shares in a private company or if you are a member of the Council or administrator of a society.
  • You want to leave your patrimony to the beneficiaries of the inheritance in unequal parts (especially family).

Models: types of wills I do?

Our civil legislation provides difference between two types of wills: the common (Holograph, open, closed) and the special (military, maritime and overseas). Let’s see its features to allow you to decide what you prefer record your will:

Holograph

  • It is made of handwritten by the testator, at any time and place.
  • It should be written in its entirety by the testator, contain your signature and the date in which it is granted.
  • It is only valid if writes it one person older than 18 years.

Since the death of the testator is known, the person in charge or the document holder must submit it in the Court of first instance of the domicile of the deceased before within 10 days, being responsible for the damages caused by the delay.

The judge will be responsible for opening the Testament and summon witnesses to proceed with partitioning, and the Heritage Award.

Open

It is awarded directly before a notary. This will be responsible for preserving the original document preventing the danger that can be destroyed or lost. In addition, responsible call to the heirs and legatees after learning the news of the death, avoiding delays in the partition.

It will be necessary that involved two witnesses if the notary required his presence.

Closed

One is the in which the testator States what his last wish, without being disclosed to interested parties. The will shall be contained in a “contract” detailing their wishes in writing and presented before a notary, who must authorize the Act and preserve the document. It will therefore be:

  • Written by the testator himself in his own handwriting, as well as firmardo.
  • She must point at the notary where the statement is located.
  • The paper containing the Testament must be inside a cover closed and sealed in such a way that the Testament can not be removed without breaking it.

The notary will be responsible, as in the Testament opened, the call to the heirs and the opening of the inheritance at the right time.

Special: military, maritime, abroad

Within the various types of wills we can also find the special. Among them there are the following:

  1. Military: war allows for any person in the service of the army, to give testament to an officer or physician who may assist you if you are sick.
  2. Maritime: open or closed Testament given during a trip by sea, by anyone who go on board.
  3. Abroad: the Spaniards can grant will in any of the known legal forms following the rules of the country where he is.

How to modify the testament

If you decide that you want to change something in your will, you can revoke or modify parts of the Testament, whenever you are at full capacity. There is no more required to go to the place where it is (in case of a notary) or enter a new (where Holograph), following the rules of formality that we have explained.

The New Testament is which will prevail. Keep in mind the recognition of a child in a previous will not lose its effectiveness even if the will is revoked.

Would you like to learn more about the types of wills? Consultation with our lawyers experts and will answer all your questions.