Series – Wills: Locating a Spanish Will
If you have lost a loved one and are seeking a copy of their Spanish will, set out below is the process to be followed in order to obtain a copy of their last Spanish will.
In order to retrieve a copy of the last Spanish will, we will require a power of attorney signed by an interested party which can be a relative, or an executor. The power of attorney can be signed in Spain or in your home country. In addition we will require an original death certificate. If your loved one passed away in Spain then we can use the international death certificate that is issued here. If they died in their home country, then we will require the original death certificate stamped with the Apostile of the Hague. The notary who you signed the power of attorney with could arrange this.
Using the power of attorney and original death certificate, we would visit the Civil Registry in Malaga and obtain a certificate of last wishes (certificado de ultimas voluntades). This certificate will confirm the notary before whom your loved one signed their last will and the date. Using the certificate of last wishes, death certificate and power of attorney we would then contact the notary and request a copy of the last Spanish will for your loved one. Whilst, if you have this information. it maybe be easier to contact the notary that holds the Spanish will, the notary will not release a copy of the last Spanish will without the certificate of last wishes.
For more information about how to obtain a Spanish will or to discuss the death of a relative, please contact the team at My Lawyer in Spain for a confidential discussion.