How to make a will in Spain 2026: types, requirements and costs

What is a will and why does it matter?

A will (testamento) is the legal act by which a person (testator) disposes of their assets and rights for after their death. Without a will, the estate is distributed under intestate succession rules (Arts. 912-958 Civil Code), which may not reflect the deceased's wishes. Making a will is not just for the elderly or wealthy, any adult with assets or dependants should have one.

Types of will in Spain

Open notarial will (most common)

The testator expresses their final wishes before a notary, who records them in a public deed registered with the General Register of Acts of Last Will (RGAUV). Most secure option. Approximate cost: €50-100 (notary fees set by official tariff).

Closed will

The testator hands the notary a sealed envelope containing their handwritten will. The notary records the delivery but does not know the contents. Rarely used in practice.

Holographic will (Art. 688 Civil Code)

Written, dated and signed entirely in the testator's own hand, without notarial intervention. After death it must be protocolised judicially or before a notary within 5 years. Risk: nullity for formal defects.

Forced heirship (legítimas)

Spanish law reserves a minimum share for forced heirs that cannot be suppressed except on specific grounds:

Forced heirs	Share
Children and descendants	2/3 of the estate*
Ascendants (no children)	1/2 of the estate
Surviving spouse (usufruct)	1/3 to 2/3 depending on other heirs

*Of the 2/3: 1/3 is strict forced share; 1/3 is the "mejora" (improvement) allocable to any descendant; 1/3 is freely disposable.

Regional law: Catalonia's forced share is 1/4; Navarre has a near-symbolic forced share; the Basque Country was reformed by Law 5/2015.

Valid disinheritance grounds

Only the specific grounds in Arts. 848-857 Civil Code justify disinheritance: physical or serious verbal abuse, denial of maintenance, attempt on the testator's life, conviction for sexual offences against them... Supreme Court STS 3/06/2014 pioneered recognising psychological maltreatment as a valid ground.

Post-death formalities

1. Death certificate (Civil Registry).
2. Certificate of Last Wills (RGAUV), confirms whether a will exists and which is the latest.
3. Authorised copy of the will from the authorising notary.
4. Acceptance or repudiation of inheritance.
5. Inheritance Tax payment: within 6 months of death, extendable by 6 months.
6. Notarial deed of estate distribution and land registry update.

Lexiel helps attorneys draft succession documents, interpret wills, find Supreme Court case law on forced heirship and disinheritance, and model the tax impact of different testamentary structures.