The Latin expression\u00a0ad cautelam<\/strong>\u00a0literally means\u00a0“as a precaution”<\/strong>. In inheritance law it refers to the clauses a person includes in their\u00a0will<\/a>\u00a0to protect their wishes: no one can change or revoke them unless the exact requirements set by the testator are met.<\/p>\n It is not a standalone figure, but an\u00a0added safeguard<\/strong>\u00a0that gives the will greater stability.<\/p>\n Its legal basis is\u00a0Article 737 of the Spanish Civil Code<\/strong>, which governs the revocation of wills and makes clear that all testamentary provisions are, by nature, revocable.<\/p>\n That same article covers the case where the testator declares that a revocation will only be valid if certain words, signs or titles are used \u2014 which is precisely what an ad cautelam clause does.<\/p>\n Its aim is to\u00a0protect the testator’s wishes<\/strong>\u00a0against rushed changes or third-party pressure. In practice it works like this:<\/p>\n Here is the key point, and the most common misunderstanding:\u00a0an ad cautelam clause does not make a will irrevocable<\/strong>.<\/p>\n Article 737 itself declares\u00a0void any clauses that attempt to prevent revocation<\/strong>. The testator may toughen\u00a0how<\/em>\u00a0the will is revoked, but cannot remove the right to revoke it. A will can always be changed; the safeguard only requires that it be done with the agreed formalities.<\/p>\n A clause of this kind could read:<\/p>\n “This will is granted ad cautelam and shall not be revoked or amended unless the revocation is expressly recorded using the following words: […]”<\/em><\/p><\/blockquote>\n Any later will that fails to include that formula could not revoke the earlier one, within the limits allowed by law.<\/p>\nContents<\/h2>\n
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Where is it regulated?<\/h2>\n
What is an ad cautelam clause for?<\/h2>\n
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What are its limits?<\/h2>\n
A practical example<\/h2>\n
Related links<\/h2>\n