Can I make my own will?
Yes, and it's strongly advisable. You can make a will, in several forms. The most common and safe is the open will before a notary: the notary drafts it per your wishes, ensures its validity and records it in the Register of Last Wills, so it's always found. The holographic will is also valid, written in your own hand, dated and signed (adults only), though after death it must be probated before a notary, with more risk of loss or challenge. In all cases, the will must respect the legítima of forced heirs and is revocable at any time.
📋 The rules
- Open will before a notary: the safest (recorded in the Register)
- Holographic: handwritten, dated and signed (adults)
- The holographic will must be probated after death
- Must respect the legítima of forced heirs
- The will is revocable at any time
🔓 Exceptions
- Closed will: handed sealed to the notary (uncommon)
- Regions with their own civil law: own succession rules
- A will without a notary is valid only if it meets the strict holographic form
⚠️ Penalties & fines
A holographic will that doesn't meet the form (not fully handwritten, undated or unsigned) is void. A will that breaches the legítima of children or other forced heirs is reducible: those harmed can claim their share. Hiding, destroying or forging a will is a crime. To avoid problems and ensure your wishes are met, the notarial will is best, as it's recorded and hard to challenge.
📎 Official sources
- BOE · Civil Code (wills, art. 662 ff.) →
- General Council of Notaries · The will →
- Administración · Making a will →
❓ Frequently asked
Is a handwritten will valid?
Yes, it's the holographic will. It must be entirely in your own hand, dated and signed, and only adults can make it. After death it must be probated before a notary to take effect.
Do you need a notary to make a will?
Not for the holographic (handwritten) one, but the open will before a notary is best: the notary ensures its validity and records it in the Register of Last Wills, so it's always found and hard to challenge.
Can I leave my estate to anyone?
Not entirely. You must respect the legítima of forced heirs (children and descendants, or the spouse failing them). Only the freely disposable third is shared without restriction; the rest is reserved by law.
How do I know if someone left a will?
After death, you request a certificate from the Register of Last Wills, which states whether the person made a will and before which notary. With it, you can get a copy of the will to handle the estate.
Can I change my will?
Yes, at any time. You can make a new will revoking the previous one; the most recent always prevails. Date each will clearly to avoid doubts about which is valid.
🔎 Common searches
What people search to land here:
- “make a will spain types”
- “holographic will handwritten”
- “open will notary”
- “register of last wills”
- “will respect legitima”
- “change will revoke”