COVID-19 CRISIS TIP No 12. Is it possible to sign my Will during the current State of Alarm?

In our opinion, the signing of a Will can be done during the state of alarm, although we must initially consult with the notary.

During the State of Alarm (Royal Decree 463/2020 March 14 2020), notaries are only obliged to attend to actions that they consider to be urgent and it will ultimately be the decision of each individual notary as to what they consider requires the urgent nature of a signature, which can range from a Will up to the signing of a real estate transaction.

Although notaries cannot close the Notarial Office because it is a public office, according to instructions given by the Administration*, and considering the restrictions in place due to the state of alarm, it will only be mandatory for notaries to attend to urgent actions, as well as those actions determined by the Government. Therefore, the case must be presented to the notary first. If he agrees that it is an urgent signature, he will convene the parties, who must then appear before the Notary «with those means of self-protection that guarantee health security and respecting the measures of separation and social distancing recommended by the authorities”. For this reason, we recommend that you enquire in each case to find out if it is possible to sign your document.

* Instruction of March 15, 2020 from the General Directorate of Legal Security and Public Faith, in coordination with the General Council of Notaries.

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