The General Registry of Last Wills (RGAUV) is an essential tool in the management of successions in Spain. It acts as a guarantor of legal security by providing information about the existence of a will and its date of granting. In our daily practice, consulting this registry becomes a fundamental step after a person's death, as it allows us to know whether the deceased left testamentary provisions and, if so, which notary is safeguarding them. This article breaks down its functioning, practical use, and coordination with other registries, offering a detailed analysis for professionals in succession law.
Registration of Wills in the RGAUV
The registration of wills in the General Registry of Last Wills is a procedure that is carried out automatically by notaries. Every time a will is granted, the notary is obliged by the Notary Law to send a copy of the deed to the RGAUV, thus ensuring that any will granted in Spanish territory is registered. This obligation is regulated by Article 14 of the Notary Law and Article 692 of the Civil Code. The registration does not imply the validity of the will in any way, which can be challenged in court, but only its existence and date.
In our experience, it is crucial to ensure that this communication is made without delays and correctly, as any error can cause inconveniences in the succession process. Although the current system is efficient, professionals must be alert to possible reforms that could modify the deadlines or registration procedures in the near future.
The Certificate of Last Wills
The certificate of last wills is the document that certifies whether a person has granted a will and, if so, before which notary. This certificate is essential to open the succession, as it identifies the document containing the deceased's provisions. To obtain it, it is necessary to prove the death through the death certificate and pay the corresponding fee, regulated by Order JUS/319/2018, of March 21.
In practical terms, this process is usually smooth; however, complications may arise when dealing with deaths that occurred abroad. In such cases, coordination with consular registries may be necessary, adding a layer of complexity. Furthermore, obtaining this certificate is a critical step that should not be underestimated, as any error in its processing can significantly delay the succession process.
Practical Use and Common Litigations
In our practice, the most common issues related to the RGAUV arise from the lack of registration of old wills or the existence of multiple conflicting wills. In these cases, the principle that the most recent will prevails is followed, in accordance with Article 738 of the Civil Code. However, the coexistence of wills can lead to challenges, especially when there are suspicions of incapacity or coercion in the last disposition.
The jurisprudence of the Supreme Court has addressed numerous cases regarding the validity of wills in conflict situations. A relevant example is STS 1237/2021, where the capacity of the testator at the time of granting was analyzed. These decisions underscore the importance of a proper legal assessment of each case, taking into account both the family context and potential disputes regarding the testator's capacity.
Access to European Registries and Coordination with Insurance
With the increasing mobility of European citizens, coordination between national and European registries is becoming increasingly relevant. Regulation (EU) 650/2012 facilitates the recognition and enforcement of rulings in succession matters throughout the Union, but it does not establish a common registry. However, some countries have developed interoperable systems that allow cross-border consultations, improving the management of successions with international elements.
Moreover, coordination with the Registry of Death Coverage Insurance Contracts can also be crucial. This registry, managed by the Directorate General of Insurance and Pension Funds, allows us to know if the deceased had insurance linked to their death, which can significantly affect the estate. Joint consultation of both registries is a recommended practice to avoid surprises during the succession process.
- Ensure that the most recent will is correctly registered.
- Consult both the RGAUV and the Insurance Registry to obtain a complete view of the deceased's situation.
- Stay informed about legal reforms that may affect the interoperability of European registries.
In conclusion, the proper handling of the General Registry of Last Wills and its coordination with other registries is fundamental for efficient succession management. Tools like LexPartis allow professionals to automate these processes, ensuring that each step is carried out with maximum rigor and efficiency, minimizing the risk of errors and optimizing management time.