Testament, last will

In common law, a will (also lat will) or testament is a document by which a person (the testator) regulates the rights of others over his or her property or family after death. For the devolution of property not disposed of by will, see inheritance and intestacy. In the strictest sense, a “will” is a general term, while “testament” applies only to dispositions of personal property. A will may also create a trust that is effective only after the death of the testator. Any trust created in a Will is generally referred to as a “testamentary trust”.

Any person over the age of majority and of sound mind can draft his or her own will with the aid of notary in Spain. There is no legal requirement that a will be drawn up by a notary, although there are pitfalls into which home-made wills can fall. The person who makes a will is not available to explain him or herself, or to correct any technical deficiency or error in expression, when it comes into effect on that person’s death, and so there is little room for mistake.

The testament can be written in Spanish under national (English law).

Download Draft for Testament (in spanish for Spain).