We are living in really hard times; and although we all wish to manage the COVID-19 situation as best as possible, taking precautions is never wrong. Making a will is something you can do to have the peace of mind that you will prevent issues between your heirs and ease them during the probate process.
This does not mean that you are going to get ill, the same way that when you get car insurance it does not mean you are going to suffer a car accident. This is just something that will help in the rare case that it happens. While we cannot control life, we can control our own actions.
Nowadays, Spain is under a lockdown. Actually, it is one of the hardest lockdowns in the world due to their high number of cases of COVID-19. Making a will in Spain right now may seem difficult, but with the proper information, it is not.
What you need to know is that Spanish civil code allows more flexibility when making a will under the special circumstances of a pandemic.
In Spain, you usually need to go to a notary to make a will. However, Article 701 of the Civil Code states that:
“En caso de epidemia puede igualmente otorgarse el testamento sin intervención de Notario ante tres testigos mayores de dieciséis años.”
“In case of epidemic it is possible to make a will without a notary before three witnesses older than sixteen years old.”
Next, the article clarifies that the will should be written. But in case no one is present in the act who was able to write (this article was written in 1887), an oral will would be enough.
After that, the Civil Code explains that two months after the epidemic is over, the will loses its value. In other words, the time will come to go to a notary to do a proper Spanish will.
Do you need help with this or anything else related to Spanish wills and probate? Contact us now, and we will be very happy to assist you during these difficult times, also it maybe relevant to you that when using documents abroad you may also be required to obtain an Apostille or have a document legalised.
In these situations of great stress and uncertainty, taking steps to solve a few things we can control will help you to manage the crisis. Actually, that is the reason why people buy so much food in the supermarkets. It helps them to feel in control.
So help yourself and your heirs and contact us now. Having a will is something anyone should do no matter if there is a crisis or not.