23 Feb WILL MADE IN THE TESTATOR’S OWN HANDWRITING
In Spain it is customary to grant a Will before a Notary Public, as this way we will avoid innumerable complications for our loved ones, but there are other ways of granting a Will, one of which is the HOLOGRAPHIC WILL, or what is the same, the Will written in the testator’s own handwriting.
What is a holographic will?
It is a will that is made in the handwriting of the person concerned (testator). This document must have the signature, date and exact place. It is usually given to a trusted person so that, when the time comes, it can be handed over to the heirs.
How should this type of document be drawn up?
A holographic will in Spain must meet a series of requirements in order to be valid, both in the way it is drafted and in its subsequent processing.
The non-fulfilment of the conditions both in the drafting and in its subsequent handling, would oblige the testament to be declared null and void.
REQUIREMENTS OF THE HOLOGRAPHIC WILL:
– Written and signed by the testator.
– If corrections or phrases appear outside the established lines, they must be mentioned and corrected by the testator himself under the signature.
– It must contain day, month and year of drafting.
READING AND NOTARISATION REQUIREMENTS.
– It must be opened by a notary.
– The person who has custody of the document has 10 days to present it to the competent notary after learning of the testator’s death. If this point is not complied with, he/she may be liable for any damages that may be caused.
– In any case, once 5 years have elapsed since the testator’s death, the holographic will loses its validity. It must be notarised within five years of the testator’s death.
– There must be 3 witnesses to attest that it is the handwriting of the deceased.
ADVANTAGES AND DISADVANTAGES OF A HOLOGRAPHIC WILL.
Making a holographic will is very economical for the testator,
Any person has the possibility of carrying it out as it does not require third parties.
Confidentiality. No one knows of its content and perhaps not even of its existence.
The secrecy of this estate also works against it, and if it is not found, the last will will will not be respected.
It can be difficult to prove its authenticity.
Although in Spain this form of leaving your last will and testament is legal, hardly anyone uses it any more. The best option will always be the last will and testament before a notary, which is quick and clear.
Do not hesitate to consult us, at López Morueco Abogados, we are specialists in national and international inheritances.
Your law firm in Torrevieja.