Author: Alejandro Perdigones

Source: tododisca.com

Making a will is highly recommended for adults. Since it is a document associated with death, many people feel reluctant to create one at a young age. However, it is important to remember that a will can be modified as many times as needed during a person’s lifetime.

Experts at ‘Testamenta’ define a will as “a document through which a person decides how their assets and estate will be distributed upon their death. However, there are specific conditions, requirements, and consequences that many people are unaware of.” Among other things, it is necessary to emphasize that the distribution of a person’s assets must comply with the limitations established by the law.

A will is not a document that must be created by law. In other words, a person can live without a will without any problems. However, this can have implications for how their estate is divided among potential heirs.

Expert Recommendations

Creating a will is always advisable. On one hand, the testator has the opportunity to specify how their assets will be distributed and to whom. This is done while respecting the legal limits set by the Civil Code.

Another advantage of making a will is that it helps to streamline the succession process. When a person dies without a will, it is common for conflicts to arise among family members. Additionally, if the person has no heirs and has not made a will, their estate will go to the State.

The distribution of an estate always involves certain associated costs, and some inheritances also entail the payment of specific taxes. The payment of Inheritance and Donations Tax can vary depending on the Autonomous Community (CCAA). Thus, making a will can help reduce the costs associated with the inheritance for the heirs.

Validity of the Will in Spain

Not making a will can have consequences. Firstly, it will result in the estate following the general legal procedure. This means that an intestate succession must be carried out with the filing of the Declaration of Heirs, which leads to a longer resolution time and a significant increase in the process costs.

However, experts at ‘Testamenta’ inform that a will is a document with the same validity throughout Spain. Nevertheless, there may be important differences according to the regional laws in certain territories, such as Aragón, the Basque Country, Catalonia, Galicia, the Balearic Islands, and Navarra.

For example, if a person makes their will in Madrid and later moves to Galicia, the will made in Madrid will remain valid if the person dies in Galicia. However, it will need to comply with the succession provisions of the Autonomous Community of Galicia, which has its own Civil Law. To avoid any potential issues, experts recommend making the will in the region where you reside.