Different types of wills: which one is right for you?

You may not know it, but there are different types of wills that fit different needs and personal situations. It is important to know which is the most appropriate in any given case because choosing the right format for this type of document can save complications and possible unpleasantness in the future.

For this reason, we are going to explain what a will is, why it is important and what types of will you can make in Spain so that you can confidently choose the most suitable option for your needs.

What is a will and why is it important?

A will is a legal document which is used to express how someone wishes their assets and property to be distributed after their death. This act is unilateral, free and revocable, which means that the testator, the person who makes it, can modify it as many times as they consider necessary, with the last will that was made before their death always prevailing.

Making a will is important because it ensures that the wishes of the deceased are carried out even if they are no longer present and, more importantly, because it avoids conflicts between the heirs, who must abide by the contents of the document.

However, it is important to know that a will and a living will are not the same so you should be clear about their differences.

Types of wills in Spain

In Spain, there are different types of wills, each with their own advantages and disadvantages. Choosing the most appropriate one will depend on the personal circumstances and needs of the testator.

Open Will

An open will is the most common type of will in Spain. It is made before a notary, a professional who draws up the document according to the testator's instructions and signs it in the presence of two witnesses. Afterwards, this will is kept in the General Register of Last Will and Testaments, thus ensuring its total security and accessibility after the testator's death.

One of the main advantages of this type of will is the legal advice provided by the notary, which reduces the risk of making any legal errors and ensures that the testator's wishes are respected. Additionally, the price of this type of will is usually reasonable, meaning most can afford it and have peace of mind about the fulfilment of their last will and testament.

Closed will

In a closed will, the testator presents their last will and testament in a sealed envelope before a notary. In other words, no one, not even the notary, knows its contents until after the testator's death.

This type of will is also kept in the General Register of Last Will and Testaments. Its main benefit lies in its confidentiality, since no one will find out about the testator's wishes until the moment it is opened.

A closed will requires greater care during its custody to avoid its loss or destruction, since there are no witnesses to the process or the contents.

Holographic will

A holographic will is written in the testator's own handwriting. It must include the date and signature of the testator to be valid and, after their death, it must be presented to a judge for probate.

This type of will is less common nowadays due to the disadvantages it can present, such as the possibility of loss, destruction, contestation or possible authentication difficulties. Even so, it continues to be an option used by those who wish to make their last will and testament privately and without notarial intervention, although this is precisely why it is essential to comply with all the legal requirements to avoid it being declared null and void.

However, a lack of legal advice can lead to errors that complicate the execution of the will, so it is only advisable for people who are comfortable in this type of environment.

Other extraordinary wills

In addition to those already mentioned, there are other types of wills that are of interest due to their specific conditions.
 

• Military wills can be made by military personnel in combat or persons involved in a military conflict. They must be made before an officer with at least the rank of captain and two witnesses. Even so, this document only has a temporary validity and must be formalised at a later date in order to maintain its validity.

• Maritime will can be made by people travelling on board a ship before the captain or a high-ranking officer and two witnesses. This type of will is valid for only four months after the testator disembarks.

• Will in a foreign country allows Spaniards outside the country's borders to make a will in accordance with the law of the country they are in. In this case, it is important to make sure that it also complies with the legal requirements of Spain in order to be valid here as well.

In any of these cases, it is best to consult a lawyer specialising in inheritance law to ensure that the will complies with all legal formalities.

What type of will is best for you?

When it comes to choosing the right type of will for you, different factors need to be considered so here are some recommendations for each type of will we have discussed.
 

• The open will is the perfect option for those who are looking for legal advice and want maximum guarantees that their will complies with all legal requirements.

• The closed will is suitable for people who wish to keep the contents of the document secret until after their death.

• The holographic will option is ideal for those who do not want the intervention of a notary.

• As for any of the extraordinary wills, they are usually only recommended in very specific situations, always ensuring that their conditions are adapted to Spanish law sooner rather than later!

Now that you have a better understanding on the subject, you will be able to make the right choice when it comes to handling your last will and testament.