Do you know that you could choose between three types of testament? Or that a will can be updated as many times as necessary? And that in certain cases you need witnesses to sign it before a notary? There are several issues regarding how to write a will, and to leave it duly validated, that are often unknown or generate confusion. But from buffet vidal & Sánchez we want to inform you of each step to take, And for this we have prepared this complete and updated guide on how to write a will and prepare it correctly in 2025.
Content
Reflect and take the steps before your will
The will is the expression of a person's desires in life, Without coercion, And that is its nature for all effects, provided that what is desired is legal and moral. For that reason, The essential thing is that you meditate well who you want to leave your goods: Only your family or also an entity? And don't forget Check if the legitimate is applied in your autonomous community in case of having children -If so, Your direct descendants have the right to inherit at least the 25% of your possessions, either your will-.
As inheriting lawyers in Sabadell y inheritance lawyers in Badalona, since in Catalonia this cannot be eluded, We have helped our clients in numerous occasions to correct their will for not having contemplated the legitimate. In this other article entitled 8 common errors when planning an inheritance (And how to avoid them) You can see these and other aspects that can trigger problems afterwards.
But to make the decision regarding heirs, First you have Inventing your legacy: properties, Accounts, investments, Value objects, income that can be transferred, etc. Whether at clear, writing down on an exhaustive list of each of the assets and rights of which you are a holder. And assign the elements that you include Its updated market value, for what, In some cases, It may be necessary to resort to a professional appraiser.
After, We advise you that Design to an albacea as a person in charge of complying with what the testament reflects. The position of Albacea is voluntary in its acceptance, but mandatory in their performance once it is assumed, and can fall on a natural or legal person of your trust.
Choose the type of testament, accounts with 3 options
In Spain three types of wills are valid in terms of form. We tell you what are, And what are they.
- Olographer: The great classic, You could say. It is when the testator writes his will of Your handwriting. You have to be signed on all pages, and dated. And be as enlightening as possible. If you choose this alternative, besides, You will not need to go to the notary, But you will leave homework to your heirs, because these will have to present the document in court. There will be your authenticity, And only if so may proceed to the distribution of the inheritance.
- Open will: The conventional, before a notary, who will write it properly according to your instructions and incorporate it into its official protocol.
- Closed will: The enigmatic. It is a on closed that is delivered in the notary. In this way the act is certified, But the content is not revealed until the death. Now, This is a risk, because the will may not be correct and declared void before the law.
How to write a will: Following guidelines
Now comes the most important moment, The writing. Although, As we indicated at the beginning of this post, no es una escritura “en mármol”. Why Not only can you but you must update your will if your circumstances change And that affects the distribution of inheritance. And these modifications can make them as many times as you need.
Regardless of this, Always expose your will in a very clear way and with the greatest possible precision, avoiding ambiguities, unnecessary vagueness or technicalities.
Take your time and This little guide continues For your content:
- Identify your Personal data complete at the beginning
- Expresses clearly Your will to test
- Name To your heirs
- Specifies What goods each receives
- Duck, If you wish, The designation of Albacea or Tutor
- Complete it with Other personal provisions If necessary
- Business The document at the end, writing down the date (day/month/year)
Anyway, You will not be facing easy task, Not even if your properties are few. Know how to write a will and that this meets all legal requirements may require knowledge and experience. In our firm we are inheritance lawyers, y From our offices of Sabadell and Badalona we have planned successions for more than 25 years.
Validate your will and stay quiet
If your will is open notarial, The notary will verify that it meets all the legal requirements and will register it in the GENERAL REGISTRATION OF LAST WILL ACTS, What gives you immediate validity and full legal certainty. In these cases, It is usually no indispensable that there are witnesses. You will only need them if you are, For example, A person with blindness, o You are going through a situation of danger of death. Nevertheless, Or if you or the notary expressly request it for a justified reason you can validate your will to witnesses.
You can ask us for advice professional on how to write a testament directly from this link of INTACEMENT CONTACT IN HERENCES.
For more questions you can contact an inheritance specialist by clicking on the button.