Notarial Wills vs. Holographic Wills in Spain: What’s the Difference?

Notarial Will (Testamento Abierto Notarial)

A notarial will is the gold standard in Spain. This is a will made in the presence of a Spanish notary public. The notary formally documents your last wishes, ensures it meets all legal requirements, and keeps an official record.

How it works:

• You schedule an appointment at a notary’s office. You can draft the will beforehand (perhaps with a lawyer’s help) or even dictate your wishes to the notary who will then put it in proper legal form.
  
  

• The will is usually written in Spanish. If you don’t speak Spanish well, it’s advisable to have a translator or a bilingual lawyer assist. Some notaries in expat areas do bilingual wills.
  
  

• You’ll provide identification (passport, NIE).
  
  

• The notary will read the will aloud to you (directly or through a translator) to confirm it reflects your wishes and that you understand it.
  
  

• If all is good, you sign the will and the notary signs and affixes their seal.
  
  

Key features:

• Official and Registered: The notary keeps the original will in their archives. They also send a notification to the central Wills Registry (Registro de Últimas Voluntades) in Madrid that you made a will on that date (they don’t send the content, just the fact of it). This ensures after your death, it’s easy to find out if you left a will and where.
  
  

• Open Will: It’s called “open” (abierto) because the notary and witnesses (if any are needed) know its contents. Typically witnesses are not required in notarial wills, except in certain cases like if the testator is blind or doesn’t speak the notary’s language and a translator is used, etc. The notary themselves is a public official ensuring validity.
  
  

• Legal Guidance: The notary will make sure the will doesn’t contain clauses that blatantly violate Spanish law (like ignoring forced heirs without cause). They might warn you or guide you to adjust it. This helps avoid invalid provisions.
  
  

• Low cost: Notaries in Spain charge a set fee for wills, generally it’s inexpensive – often under 100 euros for a straightforward will. It could be a bit more if it’s lengthy or complex, but it’s usually quite affordable for the peace of mind it provides.
  
  

Pros of Notarial Wills:

• Secure and Hard to Lose: Since the notary retains the original and it’s registered, it won’t get lost. Your heirs can always retrieve it by requesting a wills certificate after death.
  
  

• Immediate Validity and Execution: Upon death, the heirs get an authorized copy from the notary and can proceed with inheritance. There’s no need for a court process to “prove” the will; it’s self-authenticating because a notary made it.
  
  

• Difficult to Contest Formality: It’s extremely rare to successfully contest a notarial will’s validity on grounds like undue influence or lack of capacity, because the notary is attesting you appeared capable and voluntary. Only something like proven fraud or a later will can override it.
  
  

• Clarity: The notary will phrase the will in clear legal terms. This avoids ambiguities that could cause family disputes later. They’ll include the necessary identification of heirs, asset distribution, etc., per your instructions.
  
  

Cons (few, but):

• You must go to a notary (some may see this as a hassle, but notaries are everywhere in Spain, even small towns).
  
  

• If you don’t speak Spanish, it’s an extra step to ensure translation, but notaries often handle expat wills in coastal areas routinely.
  
  

• Privacy: The will’s content is known to the notary (and possibly a translator or witness). However, it’s confidential and only accessible by you during life and by your heirs after death. It’s not public record.
  
  

In practice, the vast majority of Spaniards make notarial wills because it’s straightforward and secure. Spanish legal culture expects it – hence the saying: “A notary and a doctor should be among your first visits when settling in Spain” (to make a will and take care of health, respectively).

(Note: Websites like HerenciasPlus.com often strongly advise expats to get a Spanish notarial will if they have Spanish assets, even if they have a foreign will, because it simplifies things tremendously.)

Holographic Will (Testamento Ológrafo)

A holographic will is basically a handwritten will that you write yourself, by hand, in full, and sign. No notary, no witnesses at the time of making it. Spain does recognize holographic wills as legally valid if they meet specific requirements.

Requirements to be valid:

• The entire will must be written out in your own handwriting (not typed, not printed – handwritten). You also must sign it, and it should include the date (day, month, and year) when you wrote it.
  
  

• You must be of legal age (18 or older) to make a holographic will.
  
  

• It should ideally include your full name and identification (to avoid doubt it was you).
  
  

• If you make corrections or cross-outs, you should ideally initial them.
  
  

• It should clearly express who you want as heirs and what each gets, etc., like any will.
  
  

• Importantly, it should be free of someone else’s input – the law wants to ensure this truly came from you alone, without others influencing the writing. In fact, involvement of beneficiaries in creating it could later cause it to be invalid (for example, if a beneficiary wrote it or dictated it, then it’s not valid).
  
  

You do not need witnesses when you write it. But after death, there is a process (see below).

You can write it in any language, though obviously if it will be executed in Spain and heirs don’t speak that language, translation will be needed in probate court.

Pros of a Holographic Will:

• Convenience (in emergencies): You can make it anytime, anywhere. This could be useful if, say, someone is in a sudden situation (like confined and no notary available, or during a crisis). Historically, holographic wills are considered an emergency option – for instance, a person at sea or in war who can’t access a notary.
  
  

• Private & Free: No one else sees it when you make it. And it costs nothing (just pen and paper).
  
  

• Flexibility: You can update it by writing a new one whenever you want (though you’d have to be careful to date each new one, as the most recent date revokes the previous).
  
  

Cons and Risks of a Holographic Will:

• Validation Process After Death: This is the big one. A holographic will, upon the person’s death, must be validated (probated) by a court. The heir who has the will (or whoever finds it) has to present it to the court within 10 days of knowing about it (if they delay without good reason, they could be liable if damages occur). The court will then appoint a graphologist or require witnesses who recognize your handwriting to swear it’s yours, etc., to ensure it’s authentic. This is called the “protocolización” of the holographic will. It can take time and involves legal fees. Until the court declares the will valid, nothing can be executed. This is a stark contrast to a notarial will, which is practically automatically valid.
  
  

• Risk of Loss or Destruction: Since there’s no official registry or storage (unless you deposit it somewhere safe), the will could be lost, stolen, or accidentally thrown away. If no one finds your holographic will, it’s as if it never existed. Many people hide them, and then family can’t find them.
  
  

• Potential for Fraud or Tampering: Someone could try to forge a holographic will because there’s no immediate oversight. If there are multiple versions, someone might suppress one. All that would have to be sorted in court with handwriting experts. Spain has seen cases of contested holographic wills that become long, bitter court fights – exactly what you want to avoid.
  
  

• Might Not Meet Formalities: If you forget to date it, or don’t sign every page (some lawyers suggest signing each page to be sure), or you typed part of it on a computer and then hand-wrote “I approve” – that won’t count. Any such error and a judge can nullify it. A layperson may not realize these formalities.
  
  

• No Legal Advice in Drafting: You might inadvertently violate legal rules (like forgetting forced heirs, or unclear clauses). With a notary, they’d catch that. With a DIY will, you might create confusion that later leads to conflict or partial invalidity.
  
  

When is a Holographic Will used? Honestly, in modern Spain it’s rare. It’s mainly for urgent situations or for people who, for whatever reason, absolutely don’t want to go to a notary. During the COVID-19 lockdown, for example, some people resorted to holographic wills when notaries were harder to access – but even then, Spanish law introduced temporary measures for “making a will in confinement” via other means. Generally, Spanish residents use notaries. Holographic wills might be seen in scenarios like expats who didn’t get around to doing a proper will but scribbled something, or Spanish citizens who are very ill and write something from a hospital bed when a notary can’t come in time (though often a notary will come even to a hospital if urgently needed).

Spanish law does allow a couple of other special wills: for example, a will made in danger of imminent death declared orally before 5 witnesses (very exceptional), or wills made by military or sailors in specific circumstances. But those are super rare. The holographic will is the only “do it yourself” option.

To underscore: if you can at all see a notary, a notarial will is vastly preferred over a holographic one. Spanish legal professionals frequently warn that holographic wills, while legal, “carry more problems later than a will made before a notary, especially regarding formalities”.

Quick Comparison Chart

• Validity & Formality: Notarial Will – drafted or checked by notary, formally perfect at signing. Holographic – must be entirely handwritten by testator, might be formally imperfect.
  
  

• Registration: Notarial – registered in Last Wills Registry (so always findable). Holographic – not registered; finding it depends on someone knowing it exists or coming across it.
  
  

• Custody of Original: Notarial – notary keeps original in their protocol (securely). Holographic – testator keeps wherever (home safe, etc.); risk of loss.
  
  

• Post-death Process: Notarial – heirs request a certificate, get a copy from notary, no court needed (straight to inheritance processing). Holographic – must be presented to court and validated, which involves delay and cost.
  
  

• Cost: Notarial – small notary fee. Holographic – no initial cost, but potentially higher cost later (court fees, possibly lawyer to handle validation).
  
  

• Contestability: Notarial – difficult to contest (presumption of validity, although heirs can still dispute capacity or allegations of fraud, but it’s tough). Holographic – easier to dispute (“Is it real? Did someone influence the writing?” etc., can become points of contention).
  
  

• Privacy: Notarial – contents known to notary (and interpreter if needed), but otherwise confidential. Holographic – completely private until death, but then potentially more public if a court case is needed (since it will be examined in a proceeding).
  
  

So, Which Should You Choose?

If you’re planning your estate in Spain, choose a notarial will in almost all cases. The only scenario a holographic will is recommended is an emergency where you truly cannot get to a notary or consulate. For example, if you’re stuck somewhere without legal access and want to ensure you have something in writing, do a holographic will as a stopgap, but then do a notarial will when you can.

Some expats might ask, “Can’t I just write my English will by hand and have that recognized?” If it meets Spanish holographic requirements (handwritten, signed, dated), it could be recognized, but if it’s in English, the court will need official translation, and foreign holographic wills can be complicated. Also, if that will was executed abroad, Spanish courts might not accept it unless it complied with that country’s laws too or conflict rules, etc. So it’s murky. Far better to make a proper Spanish will for your Spanish assets.

One more note: PlusvaliaFacil.com, while primarily about taxes, might advise that sorting out an inheritance with a holographic will could delay property transfers, thus possibly incurring extra costs or penalties (e.g., if you miss the 6-month tax deadline waiting on a court to validate a will, you might pay surcharges). So financially, not using a notarial will could have hidden costs.

Conclusion

In Spain, you have the freedom to write your own will by hand (holographic), but with freedom comes risk. The notarial will is far superior for most people – it’s safe, recognized, and easy for your heirs to execute. A holographic will should be viewed as a last resort for exceptional circumstances, not the primary plan.

To put it plainly: If you love your family (or whoever your heirs are), do them a favor and make a notarial will. It will spare them the bureaucracy and uncertainty during a time of grief. They won’t have to deal with courts to prove a will; they can go straight to inheriting as you intended. As one Spanish law firm put it, a holographic will “is only advisable if there is some urgency and it is not possible to attend a notary” – good advice.

So, Notarial vs. Holographic? – Notarial wins by a mile in Spain. It’s like the difference between a professionally recorded deed and a scribbled note – one is official from the start, the other is just a piece of paper until a judge says otherwise.

If you currently have no will or only a foreign will, consider setting up a Spanish notarial will for any Spanish assets or affairs. It’s quick and inexpensive. As always, consult with a qualified professional when drafting wills to ensure your wishes align with Spanish inheritance laws (like forced heir rules). The notary will help, but complex situations might need a lawyer’s input first.

(In the next article, we’ll discuss why even foreigners with a will back home should make a Spanish will – expanding on some reasons touched above, like avoiding translations and legal hassles.)