Buying FAQs

Here you will find FAQs based on purchasing property in Javea or around this area on the Costa Blanca.

When purchasing a property through Vicens Ash, there are no extra fees for organising your Last will and Testament, other than the Notary fees, which will be in the region of 80 euros per testament.

Most propertie are owned on a 50/50 basis between husband and wife. The usual testament will bequeath the late spouse's assest to the remaining spouse with substitution in favour of their children in equal shares in the event of death of both spouses. However, the rules and regulations do vary depending on your nationality, so contact Vicens Ash to ensure that your last wishes regarding your Spanish assets is in order.

A Spanish testament is not obligatory, however, anybody with assets in Spain should think ahead in order to avoid hassel and time consuming problems for their loved ones left behind.

You can either take this service as -part of our package- when purchasing property with Vicens Ash, or consult an independant solicitor - either way, it should be done !

Vicens Ash shall organise your last will and testament to be drafted at the local Notary office, once it is signed and notarised, the document is then registered in the Central Will Registry of Madrid. Secret Wills and also be notarised and registered.

Should somebody die and you do not know if they left a will (whilst owning Spanish assets or living in Spain), you can contact the Will registry office in Madried, and by presenting the original and copy of the death certificate, you will be able to obtain a copy of the last registered will and and testament of the deceased. Who can make a testament in Spain ?

As a general rule, the testator must be at least 14 years of age andn legally capable to make a valid will.

Types of wills:

Holographic will

Anyone who had come of age can make this type of will.

It shall be written entirely in the handwriting of the testator and shall be dated and signed by him on every page. It must be verified as genuine before a judge. It is required that the handwriting of the decedent be authenticated by witnesses, who must be the decedent's closest relatives.

Once it is verified, the judge will enforce the will's contents. The estate shall be distributed in accordance with the provisions of the will.

Open will

This is the usual form of will for most people in Spain. It is made before a Notary, who shall keep the original document in his files. The Notary will send a notification of the will to the Central Registry of Spanish Wills (Registro Central de Última Voluntad) located in Madrid.

The Notary may request the presence of 2 witnesses, who can also be required in case the testator is blind or illiterate.

It must be shown that a minor, a person who is blind, deaf, dumb, and the spouse and closer relatives of the testator cannot act as witnesses.

Closed will

Executing this will you will keep secret your provisions putting them in an envelope.

You shall declare before the notary that your provisions are contained in the envelope and declare whether you have written them by yourself or it has been written by a third person, also you shall declare whether you have signed it or it has been signed by a third person for you.

The notary then seals the envelope and signs it, then he files it and send a notification of the will to the Central Registry of Spanish Wills (Registro Central de Última Voluntad) located in Madrid.

This will cannot be made neither by blind nor by illiterate persons.