Undoubtedly, in recent weeks, the Spanish social and media chronicle has been led largely by the news regarding the birth of a son of Mrs. Ana Obregón, actress and television presenter of great media coverage, with the particularity that said maternity has been carried out through a procedure of surrogacy in the United States, as it seems to be.
Also, as an additional element to highlight, as reported in the media, the gestation of this baby was carried out using your child’s genetic material, who unfortunately passed away approximately three years ago, at the early age of 27, due to a serious illness. As has been revealed, the birth of this baby was a wish expressed by his son, before his death, through what the interested parties have called a holographic testament.
Thus, taking this situation as a pretext, and leaving aside other controversial considerations of the case, taking into account the scope and repercussions of the assumption, it can undoubtedly be interesting to publicize this figure, in order to clarify certain doubts and controversies raised by the respect, as well as being able to contribute so that all citizens, in effect, can order your succession properly and thus plan, in the best possible way, his future absence.
This being the case, the first thing that we must be clear about is that, in effect, when a person dies, it is necessary to determine what will happen to all your assets, rights and obligations. In relation to this, it is key to understand that, in Spain, the succession of a person can be governed by two main paths, that is, through the testate succession (that is, when the deceased person has expressed his will in this regard in a will) or, failing that, through the so-called intestate succession (in which case, it is the law that determines the people who will inherit all the assets of the deceased).
Given this obviousness, in the second place, it is necessary to clarify what, in relation to the will, that is, the act by virtue of which a person can dispose of all his assets after his death (and which can also include additional questions beyond the patrimonial sphere, in the form of requests, such as those indicated in the commented example), the law recognizes various forms of testament, of which two stand out mainly, namely:
First of all, we find notarial wills, those that are granted before a notary public, which, in the exercise of its functions, identifies the appearing party, verifies its legal capacity and duly advises the testator so that all its provisions are fully adapted to current legislation.
On the contrary, in the second great modality, holographic wills, we will simply be before a private document (not some verbal manifestations of a person), which is written and signed in an autograph by the testator himself, with indication of place and date of granting. In this case, upon the death of the testator, the interested parties, once this document has been located, must carry out an additional procedure, known as holographic testament certification, in which they must present it before a competent notary, so that it, based on a legally established procedure, can verify its authenticity and thus validate the holographic will.
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As we can see, between these two options, without a doubt, The most recommended is the notarial testament, Well, for a modest price, by granting our will before a notary public, we will ensure that our heritage will be distributed in the way we want, based on our personal preferences and affinities, through an instrument that will guarantee its legality, its custody , and that will also facilitate the acceptance of our inheritance to our loved ones. On the contrary, in the alternative of the holographic will, as we see, the risks are much greater, because both the custody and integrity of the document, as well as its adequacy to the law are much more compromised, adding to all this the additional adveration process that our loved ones must carry out, in our absence.
For all of the above, as we can see, and by way of conclusion, in my opinion it is key that all people, upon reaching adulthood, carry out this act of personal responsibility and go to a notary to grant their will, in order to properly safeguard your assets and personal wishes.