A will is a declaration of a person’s intention before a notary by means of which he or she expresses how his or her wealth will be disposed of after his or her death.
Classification of wills:
1. Common: ordinary and extraordinary wills.
a. Ordinary: holographic, open and closed.
b. Exceptional: disabled, blind, epidemic etc.
2. Special: military, maritime and granted in a foreign country.
In the following, we will describe the common ordinary wills that exist, as they are the most commonly used in practice:
1) Holographic will: this is the will that the testator writes himself in the form and with the requirements that the law demands. In addition to complying with a series of legal requirements, once the testator has died, the heirs must present it to the notary for notarisation.
2) Open: a will is open when the testator manifests his intention in the presence of persons who are aware of its contents. There are two types of open wills:
a. The notarial open will: it offers the advantage that the notary keeps the will in his protocol and does not need subsequent acts.
b. The open will before witnesses: this type of will is only permitted in cases of epidemic or imminent danger of death.
3) Closed: when the testator, without revealing his last will, declares that it is contained in the envelope that he presents to the notary. It has the advantage of secrecy, but the disadvantage that many formalities are required for its execution.
If you want to make a will, our specialists can advise you on the possible content and the law that applies, especially when there are assets in several countries.