A single woman, with no children or living parents, instructs her bank via a typed letter, dated and signed by her, that upon her death, the money deposited in that bank should be transferred to her niece. After her death, doubts arise regarding the validity of this instruction.
ANSWER:
For this instruction to be valid, it must meet the requirements of a holographic will, which, among other things, requires that the entire document be written entirely in the testator’s own handwriting, according to Article 668 of the Spanish Civil Code. This article establishes that the testator may dispose of their assets as inheritance or legacy, and in cases of doubt, if the testator’s intention is clear, the disposition will be considered as made universally or as an inheritance.
Since the typed letter does not fulfill this requirement, the instruction to the bank must be considered null and void according to Articles 687 and 672 of the Civil Code. Even if a valid will existed referring to this bank instruction, it would still be null unless it was a specific legacy or part of a partitioned disposition, in accordance with Article 1056 of the Civil Code.
