Can a will be changed?

Question

José Manuel Alburquerque · Accepted Answer

Yes, as many times as you like and without giving reasons. The usual way is to make a new will before a notary, which cancels the previous one in full unless it says otherwise. For small changes, such as adding a legacy, a codicil will do. The last valid will is the one that counts. The “Registro General de Actos de Última Voluntad”, Spain's register of wills, shows which one it is. Ways of changing it A new will. It revokes the previous one even if it does not say so, unless the testator states that the previous one is to remain valid in so far as it is not changed. It also renders earlier codicils and testamentary memoranda ineffective, unless it says otherwise. A codicil, with the same formalities as a will, made before a notary or written and signed by hand. It can be used to add or change legacies and other provisions, but not to appoint or remove heirs. A testamentary memorandum, signed on every page and referring to an earlier will. It is only valid for items of moderate importance, such as money, jewellery, clothes or personal belongings, not exceeding 10 % of the estate. It can also be used to decide on organ donation or the burial. A handwritten will also cancels the previous one, but only if a notary later verifies that it is genuine. What you should know Tearing up a handwritten will or a memorandum, or crossing out the signature, raises a presumption that the intention was to revoke it. A will made before a notary is not revoked by tearing up the copy. Another one is needed. If, after making the will, the testator separates, even if only de facto, or divorces, what they left to their spouse ceases to be valid, unless the couple are reconciled or the will shows that the testator would have left it to the spouse anyway. The same applies to a partner in a “pareja estable”, a Catalan stable partnership, if the couple separate. What has been agreed in a succession agreement cannot be changed by a will. The agreement of those who signed it is needed, except in specific cases. To change it, the testator must understand what they are doing at that moment, just as when making it. Changing a will costs the same as making one, normally between 40 and 50 euros. This applies if the estate is governed by Catalan law. Under the Spanish Civil Code (“Código Civil”) there are no codicils or testamentary memoranda, so any change requires a new will.