Best Will & Testament Lawyers in Real

Making a will in Real: the local process and which law applies

Real is in Valencia province, but owning a home or land there does not, by itself, determine which succession law applies. For many residents with ordinary Spanish civil status, the Spanish Civil Code governs; nationality, habitual residence, civil status, and a valid choice of law can affect the result.

A common option is an open will made before a Spanish notary. The notary records the testator’s instructions and reports the will’s existence to the General Register of Last Wills; the register does not hold the will’s contents. Notarial appointments may be available in Real or nearby towns, so check local availability when arranging one.

Spanish law may reserve part of an estate for protected heirs, including descendants and a surviving spouse. The shares and rules depend on the law governing the succession and the family circumstances. A lawyer can assess those rules alongside the ownership and registration of property in Real.

When a wills and succession lawyer can help

• You have children from different relationships and want to provide for a spouse or partner while respecting any protected inheritance shares.
• Your estate includes a home, land, or jointly owned property in Real, and you need to clarify ownership, debts, or how a gift or division would work.
• You are a foreign national, live outside Spain, or own assets in more than one country, so the applicable succession law may need careful analysis.
• You want to leave a business or other significant asset to one heir and need to consider how that fits with the rights of other heirs.
• You have concerns about a testator’s ability to understand a will, or want advice on reducing the risk of later disputes about capacity or pressure.
• You already made a will elsewhere and want to check whether it is consistent with a later Spanish will and your current wishes.

Key laws affecting wills and succession in Real

Spanish Civil Code - Promulgated by Royal Decree of 24 July 1889, it sets out rules on making wills, inheritance, and protected heirs. It applies where Spanish common civil law governs the succession, subject to relevant regional and international rules.

Regulation (EU) No 650/2012 on succession - It applies to the succession of people who died on or after 17 August 2015. In general, it points to the law of the deceased’s habitual residence, while allowing a person to choose the law of their nationality in a will.

Law 15/2015 on Voluntary Jurisdiction - In force since 23 July 2015, it provides procedures for certain non-contentious matters, including notarial declarations identifying heirs when there is no will.

Frequently asked questions

Do I need a lawyer to make a will in Real?

No. A person can generally make an open will directly before a notary without hiring a lawyer. Legal advice can be useful when family arrangements, foreign connections, or significant assets make the instructions more complex.

Can I make my will at a notary near Real?

Yes, a will can be made before a Spanish notary, subject to arranging an appointment with an office serving the area. Ask whether the notary can take instructions in your preferred language and what identification or documents to bring.

Who can make a will in Spain?

A person aged 14 or older can generally make an open will if they have the required capacity to understand and express their wishes. A handwritten will has different requirements, including a minimum age of 18.

Does living in Real mean Valencian succession law applies?

Not necessarily. The place where someone lives or owns property does not alone settle the applicable law. Civil status, nationality, habitual residence, and any valid choice of law may matter.

What is the difference between an open will and a handwritten will?

An open will is made before a notary, who records the testator’s instructions and keeps the original. A handwritten will is written and signed entirely by the testator and must meet legal formalities; after death, it requires steps to verify and formalize it.

How much does it cost to make a will?

Notarial charges are regulated, but the final amount can depend on the document and copies required. A lawyer’s fee is separate and can vary with the work involved, so request a written estimate before instructing one.

How long does it take to make a straightforward will?

After instructions and any necessary checks are complete, signing may take place at a single notary appointment. Appointment availability and the time needed to resolve complex family or cross-border questions can extend the process.

Can a will leave everything to a spouse or partner?

Not always. If the governing law provides protected shares for certain relatives, a will must respect those rights. The result depends on the applicable law and the family circumstances.

What happens if someone dies without a will?

The applicable intestacy rules determine who inherits. In Spain, a notarial declaration of heirs may be needed to establish the heirs before they can complete inheritance formalities.

How can heirs find out whether a will exists?

After a death, heirs can request a certificate from Spain’s General Register of Last Wills. The certificate identifies whether a will was registered and the notary who authorized it; it does not disclose the will’s contents.

Can I change or revoke a will?

A person who has the required capacity can generally make a later will to amend or revoke an earlier one. Tell the notary or lawyer about previous wills, especially those made in another country, so the new document does not create unintended conflicts.

Official resources

• Spain’s Ministry of Justice - Provides information and procedures for requesting certificates from the General Register of Last Wills after a death.
• General Council of Notaries - Provides information about Spanish notarial services and tools for locating a notary.
• Valencia Bar Association (Ilustre Colegio de Abogados de Valencia) - Offers information about the legal profession and access to legal aid services in its area.

Practical next steps for choosing a lawyer

1. Write down your goals and concerns. Note who you want to benefit, any prior wills, family circumstances, and assets in Spain or abroad. Allow a day or two to prepare.
2. Gather basic records. Collect identification, details of property and ownership, and copies of earlier wills or relevant family documents. Do not delay an initial consultation if some records are unavailable.
3. Find lawyers who handle Spanish wills and succession. Use the Valencia Bar Association or a trusted referral, then check each lawyer’s relevant practice experience. Allow several days to compare options.
4. Ask about cross-border and local property issues. Confirm the lawyer can assess which law applies and address any property or family arrangements connected with Real.
5. Compare written fee proposals. Ask what advice, drafting, and follow-up are included, and whether notarial fees or other costs are separate. Obtain this information before agreeing to proceed.
6. Review the proposed instructions before signing. Check names, family details, asset descriptions, and intended gifts with the lawyer. Arrange the notary appointment once any questions are resolved.