In our daily practice, the General Registry of Last Wills (RGAUV) serves as an essential tool for managing inheritances. Its primary function is to provide certainty about the existence of wills, which is crucial in the opening of succession. For legal professionals, a deep understanding of how to operate this registry and coordinate it with others, such as the Registry of Life Insurance Contracts, is fundamental to ensuring an efficient and legally compliant succession process.
Registration of the Will in the Registry
The process of registering a will in the RGAUV begins with the notary, who, after authorizing the will, is obliged to notify the registry. According to Article 692 of the Civil Code, this notification must include both the date and the place of the granting. This process ensures that any interested party can know whether the deceased made a will and what the last registered one was.
The registration does not contain the content of the will, but only a registry entry indicating its existence. This preserves the privacy of the testator until their death. It is important to highlight that the notary acts as a guarantor of the truthfulness of the act, which gives the registry a presumption of certainty that can only be rebutted with compelling evidence.
The Certificate of Last Wills
The certificate of last wills is the document that certifies the existence of wills granted by a deceased person. Obtaining it is an initial step in any succession process, as it allows for the identification of the last valid will. According to current legislation, its request to the Ministry of Justice is made using form 790, accompanied by the death certificate.
From a practical perspective, obtaining the certificate can be a straightforward procedure, but the deadlines and the possible existence of wills granted in different locations can create complications. Therefore, it is crucial for professionals to adequately plan the request for this certificate to avoid delays in opening the succession.
Use of the Registry in Opening the Succession
The information from the RGAUV plays a decisive role in opening the succession. Knowing the most recent will allows heirs and legal professionals to design succession strategies aligned with the testator's wishes. Additionally, by identifying the last will, unnecessary judicial proceedings for the declaration of heirs abintestato are avoided.
However, litigation may arise when there are suspicions that a registered will does not reflect the true wishes of the testator. In these cases, courts have established in rulings such as STS 150/2024 that the burden of proof lies with the party challenging the validity of the will, who must demonstrate defects in consent or incapacity of the testator.
Access to European Registries and Coordination with Other Registries
With the increasing mobility of people and assets within the European Union, access to the wills registries of other countries has become a necessity. Regulation (EU) 650/2012, concerning international successions, facilitates this access through a cooperation system among the registries of member states. This framework allows legal professionals to consult wills granted abroad, ensuring comprehensive management of the inheritance.
In Spain, coordination between the RGAUV and the Registry of Life Insurance Contracts is equally relevant. The latter, also managed by the Ministry of Justice, allows for the identification of life insurance policies that may affect the estate. Consulting both registries should be part of the standard protocol at the beginning of the succession process.
- Verify the registration of the will in the RGAUV.
- Request the certificate of last wills after obtaining the death certificate.
- Consult the Registry of Life Insurance Contracts.
Common Practical and Litigious Aspects
In our experience, the most common issues related to the RGAUV often arise from errors in the notification of the will or discrepancies in the interpretation of the registries. For example, registering a will in a location different from the testator's usual residence can create confusion about which is the last valid will.
Likewise, litigation over the challenge of wills, although less frequent, presents significant challenges. Jurisprudence has been clear in requiring solid evidence to annul a will for reasons such as the incapacity of the testator. This underscores the importance of proper advice and the use of robust documentary evidence during the process.
With the use of technological tools like LexPartis, professionals can manage these complex processes more efficiently, ensuring that each step is carried out in accordance with the law and with maximum precision. These platforms not only facilitate access to relevant information but also integrate the different registries necessary for comprehensive succession management.