Ológrafo testament

The ológrafo testament is the one handwritten and signed by the testator itself. The ológrafo testament in Spain

According to the provisions of the Spanish Civil Code, it can only be granted by persons of legal age. To be valid, in addition to being handwritten by the grantor, will have to indicate the year, month and day in which it is granted. If it contains words that are crossed out, amended or between lines, the testator must include a note, after the signature, stating that it is worth or not crossed out, amended or added. Foreigners will be able to grant a will in their own language.

The person in whose possession the said testament is deposited must present it to the first instance judge of the last domicile of the testator, or to the place where the testator has died, since he has news of the death of the testator and within a maximum period of ten days and always within five years, counted from the day of the death. Anyone who has an interest in the will as an heir, legatee, executor or in any other way may also present it.

Once the ológrafo testament has been presented, and after the death of the testator, the judge will open it if it is closed, it will initiate all the leaves with the actuary and verify the identity of the grantor through three witnesses who know his letter and signature. In the absence of suitable witnesses, or if they doubt the examiners, and whenever the judge deems it appropriate, the expert collation of letters may be used. If the judge considers the identity of the will to be justified, it will agree that the proceedings will be recorded in the records of the corresponding Notary, by which the interested parties will be given copies. Otherwise, it will deny logging.

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