For anyone residing in or owning assets in Catalonia, establishing a legally valid will is a crucial step in securing your estate and protecting your loved ones. While the process may seem daunting, particularly in a foreign legal system, getting a notarized will in Barcelona is a straightforward procedure that ensures your final wishes are clearly documented and legally binding under Spanish law.
Here is a general guide to the process, the importance of notarization, and key considerations for expatriates.
The Importance of a Notarized Will in Spain
In Spain, the most common and robust form of testamentary document is the Open Will (Testamento Abierto). This is drawn up and formalized before a Spanish public notary (Notario). This step is essential for several reasons:
- Legal Validity: The notary verifies your identity, capacity, and legal competence to make a will. This immediately validates the document and makes it extremely difficult to challenge later.
- Expert Drafting: The notary acts as an impartial public official, advising you on the formal requirements of Spanish and Catalan civil law. They ensure the language is precise, avoiding ambiguities that could complicate probate (sucesión).
- Registration: Once signed, the will is immediately registered in the General Registry of Last Wills and Testaments (Registro General de Actos de Última Voluntad) in Madrid. This central registry ensures that your will can be easily located and retrieved by your heirs after your death, regardless of where the signing took place.
The Process: Step-by-Step in Barcelona
The procedure for drawing up and notarizing a will is efficient, often taking only one or two short meetings with the notary.
1. Seek Specialist Advice
Before visiting the notary, it is highly recommended to consult with a legal advisor or solicitor who specializes in Spanish and international inheritance law. This is particularly important for non-Spanish nationals to address potential conflicts between your national law (e.g., UK, US) and Spanish/Catalan law, especially regarding forced heirship rules (the legítima).
The legal advisor will help you draft the content of the will, ensuring it is optimized to protect your assets in Spain, such as property in Barcelona or the surrounding areas.
2. Preparing the Documentation
You will need to gather essential personal documentation to present to the notary:
- Your valid passport or national ID card.
- Your Spanish NIE number (Foreigner Identification Number).
- Details of the specific assets you own in Spain (if applicable).
- The names and identification details of your appointed heirs and executors.
3. The Notary Appointment
You will meet with the notary at their office (Notaría). This meeting involves several key actions:
- Review: The notary or their staff will review the draft document, ensuring it complies with all legal requirements.
- Translation (If Required): If you do not speak Spanish or Catalan fluently, a sworn translator (traductor jurado) must be present to translate the will and the notary’s explanation. This guarantees that you fully understand and consent to the content before signing.
- Signing: You sign the document in the presence of the notary. The notary then signs and affixes their official seal.
4. The Official Record
The will is formalized, an official copy (Copia Autorizada) is given to you, and the data is sent for registration in the central Spanish registry. The original document remains securely stored at the notary’s office.
Key Legal Considerations for Foreigners
Foreigners must be particularly mindful of two specific legal issues when drafting a Spanish will:
- Applicable Law: Since 2015, EU Regulation 650/2012 generally allows you to choose the inheritance law of your nationality to govern your estate, rather than the law of your habitual residence (Spain). If you are a foreigner, you should explicitly state this choice in your will to bypass strict Catalan or Spanish succession rules that dictate who must inherit a portion of your estate.
- Separate Wills: It is often advisable for expatriates to have two separate wills: one drafted and notarized in Spain to cover Spanish assets, and another in their home country to cover assets located there. This minimizes confusion and simplifies the probate process in both jurisdictions, ensuring Spanish officials only deal with Spanish property.
By taking the simple, yet fundamental, step of getting your will notarized in Barcelona, you create legal clarity and peace of mind for both yourself and your beneficiaries.