Lawyers Marbella


There are many people who consider the possibility of expressing their will in a legal document, called a testament. It is not necessary for the person to be elderly or in a critical situation. Actually, this option is the best way to ensure compliance with our will, regardless of our current situation.

In Spain there are three different types of common wills, which are the following:

  • The first one is the open will. It is so called because it implies manifesting the answer directly to the person who is going to grant the will (generally, the Notary). It is the most frequent type and also the one that offers the most guarantees.
  • On the other hand, there is also a closed will. Like the previous one, it is done before a Notary, only that in this case the will of the interested party is not known, because it is in a closed position. The disadvantage of this option is that it can not be known if the document meets all the requirements. In effect, the Law establishes the conditions that must be met for a will to be considered valid, a circumstance that it does not have until we open the envelope that contains it.
  • Finally, a third modality is the so-called holographic testament. It is so called because it is written in the handwriting for the person who granted it. It is advisable that at the time of writing you have the advice of a lawyer, as this ensures that you meet the necessary requirements. A difference from the previous ones, this testament is not presented before a Notary: it remains in the hands of the person who wrote it, or of another authorized person, until the death of the deceased.

For further information of this topic, we invite you to contact our lawyers.