What is needed to make a will?
Posted: Wed Dec 18, 2024 6:41 am
A will is a person's wishes regarding how their assets should be distributed when they die. Making a will is very important, it provides legal security and avoids problems for future heirs, as you can find at notariafarres.com .
There are various types of wills. Today we will see what the open notarial will is like, which is the most common.
The will before a notary
It is very simple, you must go to a notary, show your ID and explain how you want to divide your assets. The notary will explain and advise you based on your particular circumstances what is most advisable.
The open notarial will , as we have already indicated, is the most common. It is made bc data vietnam before a notary and recorded in a public deed. The notary not only informs and advises the testator, he is also responsible for keeping the will and sending a report of its existence to the Registry of Last Wills.
Go to the notary with your National Identity Document and explain how you want to divide up your assets. Do I have to make an inventory of my assets to make a will? No, it is not necessary. Nor do we have to present any document proving ownership.
Are witnesses necessary? Generally, the presence of witnesses is not necessary, except in special cases where the testator is unable to sign or is incapacitated.
This is a very personal act ; the intervention of witnesses is not required except in very specific cases. It is a revocable act , meaning you can modify it or make a new one whenever you want.
How much does it cost to make a will?
It depends, but the price is between 38 and 50 euros.
Types of wills before a notary
Notarial Open Will : This is the most common type of will and is carried out with the assistance of a notary, who listens to the testator, advises him and draws up the will. This type of will offers great legal security and is kept by the notary.
Sealed Testament : In this case, the testator presents his will to the notary in a sealed envelope. The notary certifies that the document has been delivered by the testator but does not know its content. It is used less frequently due to its complexity.
Holographic Will : Although it is not made before a notary, it is relevant to mention that it is a will written and signed by the testator in his own handwriting, without the intervention of a notary. However, to be valid after the death of the testator, it must be presented to a judge for validation.
Can I leave my inheritance to whoever I want?
No, there are forced heirs. In Spain, the law protects certain heirs (descendants, ascendants and spouse) with the figure of the " legitimate " heir, which guarantees that they will receive a minimum part of the inheritance.
Therefore, you will not be able to leave the inheritance to whomever you want.
The testator may leave specific assets to certain people, called legacies , provided that the rights of forced heirs are respected.
Guardians for minor children can be designated in the will, ensuring their care in the event of the death of their parents.
There are various types of wills. Today we will see what the open notarial will is like, which is the most common.
The will before a notary
It is very simple, you must go to a notary, show your ID and explain how you want to divide your assets. The notary will explain and advise you based on your particular circumstances what is most advisable.
The open notarial will , as we have already indicated, is the most common. It is made bc data vietnam before a notary and recorded in a public deed. The notary not only informs and advises the testator, he is also responsible for keeping the will and sending a report of its existence to the Registry of Last Wills.
Go to the notary with your National Identity Document and explain how you want to divide up your assets. Do I have to make an inventory of my assets to make a will? No, it is not necessary. Nor do we have to present any document proving ownership.
Are witnesses necessary? Generally, the presence of witnesses is not necessary, except in special cases where the testator is unable to sign or is incapacitated.
This is a very personal act ; the intervention of witnesses is not required except in very specific cases. It is a revocable act , meaning you can modify it or make a new one whenever you want.
How much does it cost to make a will?
It depends, but the price is between 38 and 50 euros.
Types of wills before a notary
Notarial Open Will : This is the most common type of will and is carried out with the assistance of a notary, who listens to the testator, advises him and draws up the will. This type of will offers great legal security and is kept by the notary.
Sealed Testament : In this case, the testator presents his will to the notary in a sealed envelope. The notary certifies that the document has been delivered by the testator but does not know its content. It is used less frequently due to its complexity.
Holographic Will : Although it is not made before a notary, it is relevant to mention that it is a will written and signed by the testator in his own handwriting, without the intervention of a notary. However, to be valid after the death of the testator, it must be presented to a judge for validation.
Can I leave my inheritance to whoever I want?
No, there are forced heirs. In Spain, the law protects certain heirs (descendants, ascendants and spouse) with the figure of the " legitimate " heir, which guarantees that they will receive a minimum part of the inheritance.
Therefore, you will not be able to leave the inheritance to whomever you want.
The testator may leave specific assets to certain people, called legacies , provided that the rights of forced heirs are respected.
Guardians for minor children can be designated in the will, ensuring their care in the event of the death of their parents.