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The phrase 'last will and testament' translates to 'testamento' in Spanish. When discussing legal matters, it is important to use the correct terminology to ensure clarity. Understanding how to refer to this document in Spanish can aid in effective communication with Spanish-speaking parties.
Escritura. This is the Spanish word for the document which is signed in the presence of a Notary in Spain. When a declaration of heirs or an acceptance of inheritance is signed, the Notary will issue a copy of the document that you can retain for your records.
To make a will in Spain you must be over 14 years old, have your wishes in writing and it must be signed and certified before a 'notary'. It will then be registered at the central registry in Madrid, known as 'Registro General de Actos de Ultima Voluntad' (Central Registry of Wills).
An open will is the most usual testament in Spain. It is granted before a notary and 3 witnesses. All of them must sign, and the testator will receive a copy of the will. Another copy will go to the General Registry of Wills in Madrid. The original will be kept by the notary.
Anybody can make an appointment with a Notary public, who will assist in drawing up the basic paperwork and sign it. However, if you are a foreign national with Spanish assets you are advised to take independent legal advice to ensure that your will is properly drawn up in ance to your wishes.