Watch out, as some could invalidate the document

Author: Irene Alcaraz

The will is one of the most contentious and confusing procedures in civil law. There are several blind spots for all parties involved that can lead to errors or issues, further complicating the inheritance process. Therefore, we have selected the 5 most common mistakes in processing a will and the best practices to avoid them.

1. Hiring a Specialist Lawyer in Inheritance Matters

   Although it’s possible to consult with lawyers from other specializations, it is highly recommended to contact a lawyer specialized in succession law when managing the formalities after a person’s death.

   According to UNIR, succession law “is a part of private law that defines how and to whom the rights, obligations, and assets of a person are transferred upon their death.”

   Moreover, there are legislative particularities in Autonomous Communities that take precedence over what is stipulated in the Civil Code, which a specialist in this field is more likely to be aware of.

2. Detailing the Inheritance Thoroughly

   Besides issues related to the drafting of the will, which can lead to the document’s nullity, a common conflict is the lack of meticulousness in distributing items.

   Although the possessions at the end of a life may be countless, it is advisable to be as detailed as possible regarding the inheritance. Sentimental items, which might lack economic value, are often overlooked by the owner when drafting the will. However, these items often cause the most conflicts due to the emotional attachment of the heirs.

   For this reason, it is recommended to be particularly thorough with sentimental items.

3. Not Reviewing the Will

   Even if we have an initial document, over the course of our lives, people may come and go that alter our final wishes. Therefore, it is advisable to review and amend the will in the event of major changes (new births, adoptions, divorces, etc.).

   The law allows us to make a will as many times as we wish, whether through a partial modification or by creating a new will that replaces the previous one. In any case, only the last will is valid, which will be sent to the Register of Last Wills and Testaments.

4. Having Only One Executor

   The executor is an ‘administrator’ chosen by the deceased to carry out the provisions of the will, though this role is voluntary.

   Article 892 of the Civil Code states that one or several executors can be appointed. However, having multiple executors can be problematic when clarifying ambiguous aspects of the will, so it is more convenient to designate a single executor.

5. How to Access the Document

   Although it is possible to modify and revoke the will as many times as desired, only the last document will be valid, which will be sent to the Register of Last Wills and Testaments.

   Heirs can request the Certificate of Last Wishes to ascertain where the latest will was granted and obtain an authorized copy of it.