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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Inheritance and gifts · Menorca

Will

Updated 17/07/2025

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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?

  1. Advises the testator on the different forms and types of will and their legal effects
  2. Drafts the will in accordance with the testator's stated wishes and current legislation
  3. Verifies the testator's capacity to make a will (legal age, sound mind, freedom of choice)
  4. Reads the will aloud to the testator so that they can confirm it reflects their wishes
  5. Authorises and signs the will, giving it the status of an official, legally reliable public document
  6. 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)

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.

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