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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Inheritance and gifts · Menorca

Last wishes

Updated 17/07/2025

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Last wishes are the express provisions a person makes regarding the distribution of their assets and rights after their death. They are the final and formal expression of the testator's wishes, set down in a will or in other legal acts with effects on succession. These wishes determine how the assets will be shared out, who the heirs and legatees will be, and any other conditions relating to the succession.

The main purpose of last wishes is to ensure that the wishes of the deceased are strictly carried out and to avoid disputes between potential heirs, providing legal certainty to the succession process.

What are last wishes for?

  • To establish clearly and lawfully how the assets will be distributed after death
  • To ensure that the wishes of the deceased have legal force and are respected
  • To protect the rights of heirs and legatees
  • To avoid family conflicts and litigation
  • To make the succession process easier before the authorities and notary's offices

What does the notary do regarding last wishes?

  1. Advises on the importance of, and legal requirements for, expressing last wishes
  2. Drafts the will or the act containing those wishes accurately and clearly
  3. Executes the public deed (escritura pública) that formalises the testamentary document
  4. Keeps the will in the notarial records (protocolo), ensuring its safekeeping and confidentiality
  5. Issues certificates of last wishes to interested parties and the competent authorities

Characteristics of last wishes

  • They can only be expressed by persons with the legal capacity to make a will
  • They must be set out in a valid document: a holographic, open or closed will, or any other form permitted by law
  • They can be amended or revoked while the testator is alive and in full possession of their faculties
  • They respect legal limits, such as the forced heirship shares (legítimas) and the rights of forced heirs
  • They must be clear and express and meet the formal requirements to avoid being declared void
  • The validity and execution of last wishes depend on compliance with the legal requirements
  • Revocation can be total or partial and must be carried out in accordance with the law
  • The existence of a will makes the succession procedure easier and quicker before notaries and courts
  • If there is no will, the succession will be intestate, and the default legal rules will apply
  • The notary ensures that legal rights and the legitimate wishes of the deceased are respected

Last wishes contained in a will authorised by a notary are fully valid in law and are binding on heirs, legatees and any third parties involved, guaranteeing legal certainty and respect for the wishes of the deceased.

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