A will<\/strong> is a personal and revocable legal act by which a person decides how all or part of their assets will be distributed after their death. It is the main instrument of succession law and the means through which the wishes of the deceased can be fulfilled after their passing.<\/p>\n Making a will allows a person to organise their succession, appoint heirs and legatees, name an executor or guardian, and prevent family disputes. If there is no will, the inheritance is governed by the rules of intestate succession.<\/p>\n <\/p>\n Article 667 of the Spanish Civil Code<\/strong> defines a will as the act by which a person disposes, for after their death, of all or part of their assets.<\/p>\n One of its main features is that a will is revocable<\/strong>: the testator may modify it or replace it with another one while they are alive. In addition, a later valid will revokes the previous one, unless the testator expressly states their wish to keep it in force.<\/p>\n <\/p>\n A will has a number of specific characteristics that distinguish it from other legal acts:<\/p>\n <\/p>\n The Spanish Civil Code distinguishes between common wills<\/strong> and special wills<\/strong>.<\/p>\n Special wills are those provided for exceptional circumstances, such as military wills<\/strong>, maritime wills<\/strong> or wills made in a foreign country.<\/p>\n <\/p>\n To make a will, the testator must have testamentary capacity<\/strong>. As a general rule, anyone whom the law does not expressly prohibit may make a will.<\/p>\n Minors under the age of fourteen cannot make a will, nor can people who, at the time of making the will, are unable to form or express their wishes, even with the help of means or support. In addition, the formalities required for each type of will must be respected, as failure to comply with them may result in nullity.<\/p>\n In the case of a holographic will<\/strong>, the testator must also be of legal age.<\/p>\n <\/p>\n Making a will allows a person to organise their succession according to their own wishes and prevents the inheritance from being distributed exclusively under the legal rules of intestate succession.<\/p>\n It can also be used to appoint heirs, establish specific legacies, name an executor, provide for the guardianship of minor children and reduce disputes between family members after death.<\/p>\n <\/p>\n <\/p>\nContents<\/h2>\n
\n
<\/h2>\n
Legal definition of a will<\/h2>\n
Essential characteristics<\/h2>\n
\n
Types of wills<\/h2>\n
Common wills<\/h3>\n
\n
Special wills<\/h3>\n
General requirements<\/h2>\n
Importance of making a will<\/h2>\n
Related links<\/h2>\n
\n
Legal sources and related resources<\/h2>\n
\n