Making a will is simple, inexpensive and saves your family a great deal of trouble. It lets you decide who will inherit your assets, protect those who depend on you and spare your heirs the process of a declaration of heirs. In Catalonia, wills are usually made before a notary, who advises you so that your wishes comply with the law.
What you are signing
An open notarial will (testamento abierto) sets out your wishes for your assets after your death. Its main elements are:
- Appointment of an heir: under Catalan law, the will must appoint at least one heir, who succeeds to all assets, rights and debts.
- Legacies: specific gifts to particular people (a home, a sum of money, an object).
- Forced share (legítima): in Catalonia, children (or, if there are none, parents) are entitled to a quarter of the value of the estate, which can be allocated in different ways.
- Substitutions: who will inherit if the appointed heir cannot or does not wish to.
- Other provisions: appointment of a guardian for minor children, a life interest for the spouse, an executor, etc.
A will is revocable: you can change it as often as you like, and the latest one always prevails. The notary notifies the General Registry of Last Wills so that it can be found after your death.
Transactions and documents
Identity documents are listed below, in the common section.
Open notarial will
Documents
- Valid ID, NIE or passport of the testator.
- Family details: marital status, spouse or partner, children and, where relevant, grandchildren.
- Full names of the people you wish to appoint as heirs or legatees.
- An idea of how you want to distribute your assets. You do not need to bring deeds or inventories.
If you are a foreign national, we will explain which law will govern your succession and the option of choosing the law of your nationality.
Advance healthcare directive
Sets out your instructions on the care and medical treatment you wish to receive or refuse if at some point you cannot express them, and lets you appoint a representative before healthcare staff.
Documents
- ID of the person making the directive.
- Details of the representative, if you wish to appoint one.
Planning for future support
In addition to a lasting power of attorney, you can designate by public deed the person you would like to support you in the future should you need it, and set out instructions on your care and the management of your assets.
Documents
- ID of the person making the designation and details of the people designated.
Frequently asked questions
How much does a will cost?
An open will is one of the least expensive notarial documents. We will tell you the exact cost when you book an appointment.
Do I need witnesses?
As a rule, no. They are only required in special cases, for example if the testator cannot read or sign.
Can I disinherit a child?
Only on the specific grounds set out by law, which must be stated in the will. The notary will explain the requirements.
What if I have assets in another country?
This should be taken into account when drafting the will. We will advise you on the applicable law and coordination with any other wills you may have.
Identity documents (common to all transactions)
Individuals
- Valid ID card, NIE or passport.
- Marital status and, if married, your matrimonial property regime (and any marital agreement deed).
- Foreign nationals need an NIE (foreigner identification number) for transactions with tax implications.
Companies
- Deed of incorporation and current articles of association, recorded at the Commercial Registry.
- The company’s tax ID (NIF).
- Deed appointing the director, or the representative’s registered power of attorney.
- Details for the beneficial ownership declaration.
If you act on behalf of someone else
- Authorised copy of the notarial power of attorney.
This information is for guidance only. Depending on the circumstances, the notary’s office may request additional documents.