Making a will at a notary's office means executing a legal act by which a person, known as the testator, clearly and voluntarily sets out how they wish their assets and rights to be disposed of after their death. This act takes place before a notary, who guarantees the legality, authenticity and security of the document.
A will is the main instrument for planning your succession and avoiding future disputes between heirs or other interested parties.
Why make a will?
- To state your wishes on how your assets and rights should be distributed after your death
- To avoid family or legal disputes and conflicts
- To protect specific people, such as children, a spouse or persons with disabilities
- To appoint executors to carry out your wishes
- To ensure that the estate is shared out according to your personal wishes and not solely according to the law
What does the notary do when a will is executed?
- Advises the testator on the different forms and types of will and their legal effects
- Drafts the will in accordance with the testator's stated wishes and current legislation
- Verifies the testator's capacity to make a will (legal age, sound mind, freedom of choice)
- Reads the will aloud to the testator so that they can confirm it reflects their wishes
- Authorises and signs the will, giving it the status of an official, legally reliable public document
- Registers the will with the General Registry of Wills (Registro General de Actos de Última Voluntad) so that it can be located after death
Most common types of will
- Holographic will: handwritten and signed by the testator (not notarial)
- Open public will (testamento público abierto): executed before a notary, the most common and secure option
- Closed will: handed to the notary in a sealed envelope
- Maritime or military will: regulated for special circumstances
Important considerations
- A will can be amended or revoked at any time during the testator's lifetime
- A will cannot override the forced heirship shares (legítimas), which are minimum portions protected by law for certain heirs
- Confidentiality is guaranteed; the will is only opened after the testator's death
- If there is no will, succession is governed by law (intestate succession)
Legal value
A notarial will is fully valid in law, is presumed authentic and has evidential force, making it easier to carry out the testator's wishes securely and avoiding subsequent litigation.