What is a certificate of last will and testament in Spain?
The certificate of last will and testament is a document linked to the will, which makes it possible to add specifications that go beyond the patrimonial matters that affect the will. It is important that this certificate is drawn up on the basis of the legislation in force, and that it contains the owner’s will in an appropriate form.
What is the certificate of last will and testament
The Certificate of Last Will and Testament is an official document issued in Spain that certifies whether or not a deceased person has granted a will before a notary. If wills exist, the certificate indicates the date and the name of the notary before whom they were granted. This certificate is essential to know the existence of wills and to carry out inheritance procedures.
It is requested at the General Register of Last Wills and Testaments, which depends on the Ministry of Justice, by providing the literal death certificate. It is a necessary step to access the inheritance, as it indicates which will is the valid one (the last one granted) and before which notary it is found for its subsequent opening and reading.
When to apply for a last will certificate
The Certificate of Last Will and Testament is requested after the death of a person. It is advisable to wait at least 15 days from the date of death, as the details of the death must be registered in the Civil Registry and then transmitted to the Register of Last Will and Testament.
This period ensures that the information is up to date in the system. The certificate is essential to initiate the succession process and to determine whether the deceased left a will and before which notary.
Is it obligatory to comply with last wills?
Compliance with the content of a will, which is reflected through the Certificate of Last Wills, is a crucial aspect of inheritance law in Spain. As we have seen above, this certificate is not the will itself, but a document that certifies whether a deceased person has granted a will and before which notary it is found. It is important to understand that a Will is a manifestation of a person’s will as to how they wish their property and rights to be distributed after their death.
Once the Certificate of Last Will and Testament is obtained and the Will is located, it is obligatory to respect and comply with the testamentary dispositions, provided that they are legal and valid. The will is a personal, free and revocable act, which means that the testator has full freedom to dispose of his or her assets, always within the legal framework.
In the Spanish legal system, there are certain limitations to this testamentary freedom. For example, the law protects the rights of forced or “legitimate” heirs (such as children and spouse), who must be guaranteed the “legítima”. The legítima is the part of the inheritance that the testator cannot fail to allocate to these forced heirs, and its amount varies depending on the region of Spain and the number of legitimate heirs.
If a will goes against the legal provisions (e.g. disinherits a forced heir without a legally established cause), it can be challenged in court. In such cases, a judge may declare the clauses that violate the law null and void, although the rest of the will may remain valid.
On the other hand, if the testator does not leave a will (a situation known as intestacy), the law establishes an order of succession to determine who the heirs are and in what proportion they inherit.
The content of a will, once confirmed by the Certificate of Last Will and Testament, is binding as long as it complies with the law. The heirs and legatees named in the will are entitled to receive what has been assigned to them, and the forced heirs are entitled to their reserved portion. Respect for the last will of the deceased and observance of the legal rules are fundamental in the succession process.
Mandatory documentation for requesting a certificate of last will and testament
To apply for the Certificate of Last Will and Testament in Spain, it is necessary to present the following documents:
- Completed Form 790: This is an official form used to apply for the certificate. It must be correctly completed with the details of the applicant and the deceased.
- Death Certificate: Original or certified copy, obtained from the Civil Registry where the death was registered. This document is essential to prove the death of the person.
- Proof of Payment of the Fee: An administrative fee must be paid for the issuance of the certificate, and proof of this payment must be attached to the application.
These documents are essential to process the application and obtain the Certificate of Last Wills, which is the initial step to manage the inheritance of the deceased.
At Asesoría Orihuela Costa we are specialists in this type of management, if you want to leave all aspects of your inheritance in the best hands, contact us.
