Wills and inheritance
The Covid-19 pandemic has irrupted in our lives in a roughly manner. Many of us have not been able to foresee a situation in which a decision cannot be taken with regard to the treatments we want to receive when our health does not allow us to decide it personally. The same happens in case of passing away without a will.
The Spanish legal system counts on a legal mechanism called “anticipated will or previous instructions” (in Spanish: “voluntades anticipadas o instrucciones previas”). This document is a way to plan the decisions about the treatments that someone wants to receive when the health of a given individual does not allow to express it personally and to give the consent so that the healthcare professionals proceed coherently in order to comply with the said instructions.
It is important, before drafting a document of anticipated will or previous instructions, to keep a conversation about oneself ’s desires at the end of life with his/her doctor, as well as with those individuals and family with whom you keep a strong relationship. In this document we can set out our anticipated will stating who we want to have access to know them and under which terms.
This document can be drafted in presence of witnesses or before a Notary by means of a notarial deed. At OTIS Advocaten we can provide you with legal advice and assist you so that this document ends up drafted in such a way that sets out your will the best way possible and gets properly registered in the Register of Anticipated Wills (in Spanish: “Registro de Voluntades Anticipadas”).
In order to plan you decision in case of decease, OTIS Advocaten has a team of lawyers specialized in Inheritance Law with knowledge of both the Dutch law and the Spanish law, which may differ based on the Spanish Autonomous Region in which the person lives.
We want to highlight that, during those times of epidemic or imminent death, the Spanish Legal system offers the possibility to grant a will without the intervention of a Notary. This type of will must meet some requirements to be valid. We therefore recommend you to seek legal advice of an expert so that the will complies with the requirements set out by law.
OTIS Advocaten can provide you with specialized advice in case you want to grant a will, either under normal or extreme circumstances. Please do not hesitate to contact us.