Testamento notarial abierto (open will made before a notary)

Testamento notarial abierto (open will made before a notary) is filed with Notario competente + RGAUV (Ministerio de Justicia). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €69 to €179. Official tasa (government fee): No AJD or ITP. Typical notary cost 40-150 €.

We arrange for you to make your open will before a notary (arts. 694-705 CC). We check which regional civil law applies (common law, Cataluña, Aragón, Navarra, Galicia, País Vasco or Illes Balears), your capacity, the forced heirship shares under the applicable regime (descendants 2/3, ascendants 1/2 or 1/3, spouse's life interest) and the freely disposable part. It covers the appointment of heirs, specific legacies, an albacea (executor), a contador-partidor (estate distributor), substitutions, and a universal life interest with a cautela socini clause (the children choose between accepting it or taking only their strict forced share) where appropriate. It is registered automatically in the Registro General de Actos de Última Voluntad (RGAUV, the central register of wills).

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Estimated total cost: €69 to €179
Managora's fee: €35.09 (21% VAT incl.)
Tasa (official government fee): No AJD or ITP. Typical notary cost 40-150 €. (suplido: paid to the authority on your behalf, no VAT)
Processing time: Making the will: one visit to the notary (around 30-45 minutes). Automatic entry in the RGAUV the next day.
Where it is filed: Notario competente + RGAUV (Ministerio de Justicia) ↗
What you receive: Application

Cost breakdown: Our fee 29 € + the usual notary cost of 40 to 150 €. No AJD or ITP..

Testamento notarial abierto (open will made before a notary): how is it filed?

1Answer the chat questions (around 10-15 minutes).
2We work out which vecindad civil applies (common or regional) and the corresponding forced heirship regime.
3We check the shares and that the forced heirship rules are respected, so that excessive dispositions do not have to be cut back.
4If a regional law applies, we explain its particular features (almost complete freedom in Navarra; broad freedom in Aragón with the fiducia (power for someone else to divide the estate after your death); a 1/4 forced share in Cataluña; and so on).
5Payment of 29 € for our fee + around 80 € in notary costs (no AJD or ITP).
6Sign the mandato (authority for us to act on your behalf) from your mobile.
7We draft the full text of the will.
8We arrange the notary appointment.
9The notary reads it out, identifies you, checks your capacity and formalises the will.
10It is automatically reported to the RGAUV (Registro General de Actos de Última Voluntad, the central register of wills).
11We give you a plain copy and keep one in your file; the authorised copy stays in the notary's records.

Which documents do you need?

•A valid DNI / NIE (Spanish or foreigner identity number) of the person making the will.
•Full identifying details of the heirs and legatees (first name, surnames, DNI/NIE, relationship).
•If a regional (foral) vecindad civil applies: documents proving it (historic empadronamiento (municipal residence registration) certificate, residence certificate, etc.).
•If there is a marriage settlement (capitulaciones matrimoniales): a copy, so we can check it is consistent with the will.
•If you want specific legacies: a description of the asset (referencia catastral (cadastral reference), vehicle registration number, account number, etc.).
•If there is any doubt about capacity: a medical report (not compulsory unless the notary asks for one).

Legal basis and things to bear in mind

Legal framework: arts. 662-743 + 806-857 CC (wills and forced heirship) + Ley del Notariado art. 17 ter (RGAUV) + Reglamento Notarial arts. 178-180 + the regional civil laws (Cataluña, Aragón, Navarra, Galicia, País Vasco, Illes Balears) + EU Regulation 650/2012 for cross-border successions.
Capacity: anyone over 14 who is of sound mind (art. 663 CC). The notary may ask for a medical report if in doubt.
Forced heirship, COMMON LAW: descendants 2/3 (1/3 strict + 1/3 betterment) + 1/3 free; ascendants 1/2 if alone, or 1/3 if there is also a spouse; the spouse takes a life interest over 1/3 if there are descendants, 1/2 if there are ascendants, 2/3 if alone.
Forced heirship, REGIONAL LAWS: highly variable. Cataluña: a 1/4 forced share for descendants, with greater freedom. Aragón: a collective forced share of 1/2 for descendants, with the fiducia. Navarra: complete freedom (the forced share is purely formal). Galicia: a 1/4 forced share with a broad betterment. País Vasco: troncalidad (lineal-property rules) and broad freedom. Illes Balears: 1/3 or 1/2 depending on the island.
A will is a FORMAL and UNILATERAL act: it is made by the testator before the notary, who attests to it. There are no witnesses except in special cases (a blind or deaf testator, and so on).
Automatic entry in the RGAUV (Ministerio de Justicia). After death, the heirs apply for the certificate of last wills (arts. 76-79 RH), which shows whether there is a will and where it was made.
Revocation: by a later will (art. 738 CC), which revokes the earlier one by implication, or by a will that expressly revokes it. Destroying the plain copy does not revoke anything; the original stays in the notary's records.
The notary cost is very low (40-150 €). NO AJD or ITP is payable on a will. The heirs will pay ISD (inheritance tax) when they accept the estate.
Natural next steps: aceptacion_herencia / particion_herencia / declaracion_herederos (if someone dies without a will) / isd_sucesiones / instrucciones_previas (living will).
We recommend REVIEWING your will whenever something substantial changes: marriage or divorce (a will in favour of an ex-spouse is not automatically revoked, except in some regional territories), the birth of descendants, the death of an intended heir, or the sale of assets left as specific legacies.

Testamento notarial abierto (open will made before a notary): frequently asked questions

Testamento notarial abierto (open will made before a notary): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €69 to €179: Our fee 29 € + the usual notary cost of 40 to 150 €. No AJD or ITP.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: No AJD or ITP. Typical notary cost 40-150 €..

Testamento notarial abierto (open will made before a notary): how long does it take?

Making the will: one visit to the notary (around 30-45 minutes). Automatic entry in the RGAUV the next day.

Testamento notarial abierto (open will made before a notary): which documents do I need?

You need to have to hand: A valid DNI / NIE (Spanish or foreigner identity number) of the person making the will., Full identifying details of the heirs and legatees (first name, surnames, DNI/NIE, relationship)., If a regional (foral) vecindad civil applies: documents proving it (historic empadronamiento (municipal residence registration) certificate, residence certificate, etc.)., If there is a marriage settlement (capitulaciones matrimoniales): a copy, so we can check it is consistent with the will., If you want specific legacies: a description of the asset (referencia catastral (cadastral reference), vehicle registration number, account number, etc.)., If there is any doubt about capacity: a medical report (not compulsory unless the notary asks for one).. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Notario competente + RGAUV (Ministerio de Justicia). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Notario competente + RGAUV (Ministerio de Justicia) ↗.

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