9 reasons to make a will

Legal
30 Apr, 2023 — 8 min
9 reasons to make a will

There are many reasons why it's good to make a will. The first one is that it is a document that can be changed throughout life as many times as desired; it is simple and has an affordable cost. On the other hand, it has great importance, as it avoids numerous problems in the future and offers peace of mind for family members and heirs. It is the simplest and cheapest option for a person to orderly transfer their assets to their heirs.

As you know, the will is the ideal document to ensure that decisions about the future of a person's assets and rights are fulfilled when they die.

Dying without a written record of the will regarding the destination of the deceased's assets and rights can cause more than a headache for their heirs.

There are many reasons why it is good to make a will. The first one is that it is a document that can be changed throughout life as many times as desired; it is simple and has an affordable cost. On the other hand, it has great importance, as it avoids numerous problems in the future and offers peace of mind for family members and heirs. It is the simplest and cheapest option for a person to orderly transfer their assets to their heirs.

Let's look at some of these reasons:

1.- Making a will is NOT complicated

There are various ways to make a will, but the simplest is to go to a notary. It is not necessary to bring any document other than identification (ID card, passport, etc.), and depending on the complexity of the provisions you want to include, the process can be very quick, and you can leave with a copy of the will in hand.

2.- Making a will is NOT expensive

It is one of the cheapest notarial operations.

A standard will can be around 50-60 euros.

3.- Making a will does NOT imply losing the disposition of one's own assets

The effectiveness of the will occurs from the death of the testator, not before.

Therefore, one can freely dispose of assets throughout life, without any limitation derived from having granted a will. 

4.- The will is NOT immutable

As many can be made as desired, but only the last one will be valid. The act of granting a will means that all previous ones that have been made are automatically canceled and without any effect, without the need for an express revocation each time. Once the death occurs, a certificate must be requested in which it will be stated if the deceased granted a will and, if applicable, in which notary the last one (which will be the only valid one) was granted.

5.- The will is SECRET

Granting a will is a highly personal act, and no one other than the testator and the notary knows its content.

Normally the will is an open document, the original stays in the protocol of the notary, and the testator takes a copy. And, under normal circumstances, no other person except the latter is authorized to request copies of this document.

Moreover, there is a possibility of granting a closed will. In these cases, it is the notary who keeps the only copy of the will, and it is only opened once the death of the testator has been confirmed.

6.- Making a will makes it possible to DISPOSE about the destiny of certain assets and rights.

Through the will, specific bequests can be made, the legitimate share can be improved, lots can be made, disinheritance, etc.

7.- Through the will, you can leave the LIFETIME USUFRUCT of our assets to the spouse

If there are children, the legal heir is not our spouse, but our children. The spouse will only have the right, apart from their rights to gains assets (if the marriage was under this regime), to a part of the inheritance in usufruct.

8.- Making a will SAVES money and paperwork for the descendants

In case there is no will, for the allocation of assets, an intestate declaration of heirs must be made.

If the descendants are direct (children, grandchildren, etc.), it can be done through a notarial deed. But in another case, it is necessary to go through a special judicial procedure. Time and expenses.

9.- In the will, NON-merely patrimonial declarations and dispositions can be incorporated

Not only money and properties are discussed in a will, but this document can also accommodate another type of manifestations or declarations, such as:

  • Dispositions or acts of personal and family character:
  • Acknowledgment of children
  • Emancipation of children
  • Appointment of a guardian, etc.
  • Dispositions or declarations without legal value:
  • Manifestations of philosophical or religious character
  • Type of funerals
  • Tributes, etc.