So we must answer the question: Who cannot make a will? Article 663 of the Civil Code establishes that those who cannot make a will are : minors under 14 years of age and any person who at the time of making a will cannot form or express his or her will, even with the help of means or support.
Therefore, if you are not in these two categories, you can make a will. If you want or usa number list are thinking about making a will, we recommend that you seek advice beforehand and go to inheritance lawyers in Madrid, since they are specialized in this matter.
What is a will?
It is a document by which a person disposes of all or part of his or her assets after his or her death . It is called a will.
A will is a very personal act : its formation cannot be left, in whole or in part, to the discretion of a third party, nor can it be made through a commissioner or agent. In fact, a will made by violence, deceit or fraud shall be void .
Everything you write in your will will be taken literally, so it is important to write the document clearly and concisely and be sure of what you want to include in it.
Types of wills
The will can be common or special.
Common : can be holographic, open or closed.
Special : military, maritime and foreign affairs.
Each of these types of will has a series of characteristics and requirements. We are going to focus on the open will, which is usually the most common.
How to make an open will in Madrid?
Articles 694 to 705 of the Civil Code regulate the open will. The main characteristic of this will is that it must be granted before a Notary competent to act in the place of granting. Before the Notary, the person must express his or her last will to the Notary orally, in writing or by any technical, material or human means.
The most advisable thing is to go to a lawyer who is an expert in the subject and who will help you draft the will, and then go to the Notary.
What do I need to make this will?
Bring your National Identity Document (DNI)
You can take the will in writing and deliver it to the notary
Explain to the Notary what you want to do with your assets and he will be in charge of drafting it.
Once the will has been made, it is granted . The presence of witnesses is not necessary. Remember that the will is revocable and can be changed as many times as you want.
Making a will is not too expensive, in fact it is much cheaper if we look at the advantages of making a will and not making one. Its price is usually between 40 and 60 euros .
However, if you do not want to pay anything at all, you can make a holographic will (you write it yourself); but after the death, its management becomes more complex and expensive for the heirs, since a series of procedures must be carried out for it to be valid and legal.
How much does it cost to make a will in Madrid?
-
- Posts: 10
- Joined: Sun Dec 22, 2024 8:13 am