What is testamentary?

First of all, what is testament and testamentary capacity in Spain? It comes from the word testament, and it is a voluntary written act, celebrated under the Spanish legal framework, in which a person disposes part or all of his or her assets for after his or her death.


Testamentary capacity in Spain


Restricted capacity to testament in Spain

In this Blog, our law firm in Marbella is pleased to explain briefly in which cases the testamentary capacity Spain is restricted.

First of all, we would like to point out that these are exceptional cases and that all those who are not expressly forbidden by law to testate, will be able to do so.


In which cases the testamentary capacity is restricted?

The testamentary capacity in Spain is restricted in some cases:

Firstly, minors under 14 years of age do not have the capacity to testate in Spain.

In the second place, in those who habitually or accidentally are not of sound mind. By this we understand the lack of natural capacity to understand and want. For this, the Civil Code establishes the following requirements:

That the illness exists at the time of granting the will in Spain.
It must be serious, annulling the consciousness of the acts of the person who suffers from it.
It must be subject to expert evidence.


At Welex lawyers Marbella, we work closely with your case and offer you full monitoring and advice throughout the process. For these procedures, or other legal and economic procedures in Spain, contact our team of lawyers in Marbella.