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Will in Spain by Public Deed

The will by Public Deed is the unilateral act by which a person grants before a Notary the disposition of her/his assets totally or partially after her/his death so she/he orders her/his own succession within the limits of the law and it is enforceable and binding only if she/he complies with the special formalities established by law.

On the other hand, the will may also contain provisions of a non-patrimonial nature, although the act is limited to them. In the will, the grantor can make the necessary declarations for the full identification of her/him after her/his death with respect to the acts and contracts with legal relevance in which she/he has used different names. Through the will, the grantor identifies her/his heirs, legacies, and can also identify her/his assets.

On the other hand, these are the general requirements for issuing the Will in a Public Deed:

  1. The one who grants the will must personally express her/his will before the Notary Public.

  2. Original and copy of the Grantor's Identity Document.

  3. Two witnesses of legal age who have no impediment according to Article 705 of the Civil Code.

  4. Copy of the Identity Document of the Witnesses.

  5. Copy of the Identity Document of the spouse, heirs, other beneficiary and executor, if feasible.

  6. The will is personal and can only be executed individually.

It has to be made very clear regarding this topic that that the joint will of two or more people is prohibited.

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