Can a person with a disability make a will in Catalonia?

Question

José Manuel Alburquerque · Accepted Answer

Yes. Disability does not prevent a person from making a will. It is enough that, at the time of making it, the person understands what he or she is doing and can express his or her wishes, even if help is needed. If the person has a sight, hearing or speech disability, the notary must offer the necessary means, such as a sign language interpreter or braille, at no extra cost. How it is done As an open will made before a notary. The notary checks that the person understands what he or she is doing and is deciding freely. The person can use whatever support he or she needs to understand and communicate, such as easy-read materials, pictograms, braille or interpreters. If the disability affects sight, hearing or speech, the notary must offer those means at no extra cost. They are provided by the “colegio de notarios”, the notaries' professional association. If the person cannot sign, two witnesses sign on his or her behalf. Having a sensory disability does not, in itself, make it necessary to call witnesses. A closed will can be written in braille, but it cannot be made by people who are unable to read. A handwritten will requires the testator to be an adult and to write and sign it in his or her own hand, stating the place and date. If the person has support or an assistant The will is the person's own decision. Whoever provides support can help with understanding and self-expression, but cannot decide on the person's behalf. If a court declared the person incapable before the 2021 reform and the judgment has not been reviewed, at present the only will he or she can make is an open will made before a notary. Two doctors are also needed to certify that he or she is able to make a will at that moment. From 4 February 2027 it will always be for the notary to decide whether to call them. At present the law does not allow a guardian to inherit until his or her final accounts have been approved, unless the guardian is an ascendant, a descendant, the spouse or a sibling. It is debated whether the same already applies to the assistant who represents the person. From 4 February 2027 the law will say so expressly. Anything the person leaves to whoever represents him or her as a support person while that support lasts will not be valid, unless the representative is an ascendant, a descendant, the spouse or partner, or a sibling. Nor does this apply if the representative's final accounts are approved within the time limit. This applies if the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”) the rule is similar. A person with a disability can make a will if, in the notary's assessment, he or she understands and expresses the dispositions being made, with whatever support he or she needs.