testamento ológrafo

The testament can be written directly by the testator

The testament can be written directly by the testator. It must be written entirely in the testator’s own hand, with reference to the day, month and year when it is written, and signed. If it has crossings-out or interlined words, they must be signed by the testator.

Such a testament can only be written by one who has reached the age of majority. Non-Spaniards can write their last will in their own language.

The testamento Olografo does not have any further formalities at the time of being written, but it is still a strictly formal document, so the above formalities must be observed.

Somebody who has another person’s Testamento Ológrafo must present it to a notary within ten days of receiving notice of the testator’s death, providing it is within five years of the testator’s death. After that time, the will becomes invalid.

Some proof of authenticity must be provided to the notary before the will is incorporated by the notary into his own book ( protocolo) from where copies can be provided.

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