Making a Will in Spain: Testamento Abierto, Ológrafo and Cerrado (2026)
A Spanish will is cheap, fast and hard to lose. The standard route is a short appointment before a notario, the will is registered centrally the same day, and nobody needs to hunt through drawers after a death. This page explains the three forms the Código Civil allows, what each one requires, and the one limit no Spanish will can escape.
Information last verified on 23 July 2026. This page provides general legal information about Spanish law and does not constitute legal advice in an individual case.
The three forms, and which one people actually use
Art. 676 of the Código Civil admits three ordinary forms of will. The testamento abierto is declared before a notario, who drafts it, reads it back and authorises it. The testamento ológrafo is written entirely by hand by the testator. The testamento cerrado is signed, sealed in an envelope and handed to a notario without revealing its contents.
In practice the abierto dominates, and for good reasons: the notario checks capacity and legality on the spot, the will cannot be lost or destroyed by an interested relative, and its existence is registered centrally. The cerrado survives mostly as a curiosity for testators who want secrecy with notarial custody.
The testamento abierto: the standard route
The will is executed before a notario competent for the place of execution (art. 694 CC). The testator expresses the will orally or in writing, the notario drafts it and reads it aloud, and the testator confirms and signs (art. 695 CC).
Witnesses are the exception, not the rule. Art. 697 CC requires two witnesses only when the testator declares that he or she cannot sign, or when the testator or the notario asks for them. For most people the whole act is a private appointment of a few minutes.
Two emergency variants exist for completeness: a will before five witnesses without a notario where there is imminent danger of death (art. 700 CC), and before three witnesses over sixteen during an epidemic (art. 701 CC). Both are rare and short-lived, and the ordinary notarial route replaces them as soon as the emergency passes.
The testamento ológrafo: handwritten, and easy to get wrong
An ológrafo will is valid only if the testator is an adult and writes the ENTIRE text by hand, signs it, and states the year, month and day (art. 688 CC). A typed or partially typed document fails. Corrections and words between lines must be validated by the testator's signature. A foreigner may write it in his or her own language.
The trap is what happens after the death. Whoever holds the will must present it to a notario within ten days of learning of the death (art. 690 CC), and the will must be authenticated and protocolizado before a notario within five years of the death (art. 689 CC). An ológrafo nobody finds, or one presented too late, gives effect to nobody's wishes. If you use this form at all, tell someone where it is.
How heirs find the will: the Registro de Últimas Voluntades
Every notarial will is notified to the Registro General de Actos de Última Voluntad, kept by the Ministerio de Justicia. After a death, heirs request the certificado de actos de última voluntad, the document that states whether the deceased made a will and before which notario. In the ministry's own words, it is needed «para la realización de cualquier acto sucesorio»: with it, the heirs go to the authorising notario and obtain an authorised copy of the last will.
That certificate is the first paper of every Spanish succession, whether or not a will exists. It is also what a notario checks before a declaración de herederos when someone dies intestate.
The limit no will escapes: the legítima
A Spanish will does not enjoy the freedom an English or American one does. In the common Código Civil regime, two thirds of the estate are reserved to children and descendants (art. 808 CC): one third in equal shares (the legítima estricta) and one third the testator may distribute among descendants as mejora, leaving only one third of free disposal. Parents and, unless legally or de facto separated, the surviving spouse hold reserved rights too.
Several comunidades apply their own foral fractions instead, from a quarter in Cataluña and Galicia to near-total freedom in Navarra. The legítima page sets out the common rule and the foral map, because a will drafted against the legítima is the classic source of post-death litigation.
For what happens after the will takes effect, from acceptance to the six-month tax clock, see the Spain inheritance section.
This page is general legal information about Spanish law and does not constitute legal advice in an individual case. The controlling texts are the current versions in the BOE.
Frequently Asked Questions
Do I need a notary to make a will in Spain?
For the standard testamento abierto, yes: it is executed before a notario, who drafts it, reads it back and registers its existence centrally. A fully handwritten will (testamento ológrafo) is valid without a notary at the time of writing, but after the death it must be presented to a notario and protocolizado within five years, so the notarial step is only postponed, not avoided.
Does a Spanish will need witnesses?
Normally no. Under art. 697 of the Código Civil, two witnesses attend a notarial will only when the testator cannot sign, or when the testator or the notario requests them. The old general witness requirement was abolished.
Is a handwritten will valid in Spain?
Yes, if it meets the strict conditions of art. 688 of the Código Civil: the testator must be an adult, the entire text must be handwritten and signed, and it must state the year, month and day. After the death it must be presented to a notario within ten days of learning of the death and protocolizado within five years, or it becomes ineffective.
How do I find out if someone left a will in Spain?
Request the certificado de actos de última voluntad from the Registro General de Actos de Última Voluntad of the Ministerio de Justicia. It states whether the deceased made a will and before which notario, and with it the interested heirs can obtain an authorised copy of the last will from that notario.
Can I leave my estate to anyone I want in a Spanish will?
Not entirely. In the common Código Civil regime, two thirds of the estate are reserved to children and descendants, and only one third is of free disposal. The surviving spouse also holds a reserved usufruct. In the foral comunidades the reserved fraction differs, from one quarter in Cataluña and Galicia to an essentially symbolic legítima in Navarra.