Wills in Spain: Types, Forced Heirship (Legítima), Notary Costs & Regional Variations
Complete guide to wills in Spain. Open, closed, and holographic wills. Forced heirship of 2/3 for descendants. Notary cost EUR 40-80. Autonomous community variations.
Wills in Spain: Types, Forced Heirship (Legítima), Notary Costs & Regional Variations
Making a will (testamento) in Spain is simpler and cheaper than most people think. However, the rules around forced heirship (legítima), will types, and variations between autonomous communities can be confusing.
Types of Wills in Spain
| Type | Description | Requirements |
|---|---|---|
| Open (abierto) | Made before a notary | Most common. Notary drafts and stores it |
| Closed (cerrado) | Delivered to notary in sealed envelope | Testator writes it, notary stores without knowing content |
| Holographic (ológrafo) | Handwritten by testator | Must be entirely handwritten, dated, and signed |
The open notarial will is by far the most commonly used in Spain due to its legal certainty.
Forced Heirship (Legítima): What You Can't Avoid
Under common civil law (applicable in most of Spain), the estate is divided into three thirds:
| Third | Beneficiary | Testator's Freedom |
|---|---|---|
| Strict legítima (1/3) | Descendants equally | Cannot be disposed of |
| Improvement (mejora) (1/3) | Descendants (can favor one) | Free distribution among descendants |
| Free disposal (1/3) | Anyone | Complete freedom |
If there are no descendants, ascendants are entitled to 1/2 of the estate as legítima.
Notary Will Cost
An open notarial will costs between EUR 40 and 80 depending on complexity — one of the cheapest notarial procedures.
Autonomous Community Variations
Some autonomous communities have their own civil law (derechos forales) that modifies legítima rules:
| Community | Particularity |
|---|---|
| Catalonia | Legítima reduced to 1/4 |
| Aragon | Collective legítima of 1/2 (distributable among descendants) |
| Basque Country | Legítima of 1/3 (collective) |
| Navarre | No material legítima (symbolic only) |
| Galicia | Legítima of 1/4 |
| Balearic Islands | Varies by island |
Sharing Will Documents Securely
A will contains extremely sensitive information: estate dispositions, heirs' personal data, special conditions. Sharing these through unprotected iMessage or email can create family conflicts and legal issues.
With LOCK.PUB, you can share will copies or succession documents through password-protected links with expiration dates. Only authorized people can access the content.
Practical Tips
- Make a will early: you don't need to be elderly or ill
- Review it periodically: family changes (divorces, births) can make it outdated
- Consult an inheritance lawyer: especially if you have assets in multiple autonomous communities
- Register the will: the notary registers it with the General Registry of Last Wills
- Inform your heirs: not about the content, but about the will's existence
A well-drafted will prevents conflicts and protects your loved ones. Tools like LOCK.PUB help you share succession documents without compromising confidentiality.
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