Spanish law’s exception to the rule when it comes to writing a will during the Coronavirus pandemic

Spanish laws exception to the rule when it comes to writing a Will during the Coronavirus pandemic

AS you can imagine, with the current coronavirus pandemic having everybody worrying about their health and mortality, notaries are receiving many calls from people asking for advice as they want to make a Will but are under house lockdown or hospital isolation. However, it transpires that in an epidemic situation, the Civil Code provides that a Will can be made before three witnesses over the age of 16.

As explained by the General Council of Notaries there are cases of overwhelmed callers with regards to making a Will, and despite the fact that this service is not mandatory, it is being carried out ‘For professional delivery.’

Therefore, notaries are explaining how a Will must be written so that it is in accordance with the law.

In fact, there has been the case of a patient affected by coronavirus who consulted with a notary and in half an hour been advised of and completed the drafting of a ‘holographic’ Will.

However, the council emphasised that the service provided by the notaries is considered of general interest and therefore they continue to receive those who wish to make one, by appointment, in the local office as an urgent matter.

If the circumstance exists that there is a need to make a Will and it is impossible to attend the offices then the Civil Code states in article 701 that “in the event of an epidemic, the Will can also be granted without the intervention of a notary before three witnesses over the age of 16.”

In addition, article 700 specifies that if the person who wants to make a Will is “in imminent danger of death, the Will can be made before five suitable witnesses, without the need for a notary.”

Notaries point out that these witnesses must not be relatives of the person making the Will, and that it can also be recorded with the mobile phone in video or voice recording. In fact, they recall that in 2015 the Notary Law was amended and adapted so that if they received that type of document it could be valid.