Wills and estates: key documents

The will has been an essential element of civil law in Spain, reflecting the evolution of society and culture since ancient times. Originating in Rome, its practice adapted to the Christian influence and ecclesiastical regulation during the Middle Ages, incorporating legacies to religious institutions. The Reconquista and the unification under the Catholic Monarchs transformed testamentary customs, marking a milestone in its history.

November 22, 2024

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Wills and Successions: Key Documents in Spanish Cultural History

The figure of the will is one of the oldest and most fundamental manifestations of civil law. In the Spanish context, its history intertwines with the evolution of society, culture, and institutions over the centuries. From medieval times to contemporary society, wills have been more than mere legal documents; they have served as a reflection of the values, beliefs, and family structures of each era.

#### Origins and Evolution

In ancient Rome, the will (testamentum) allowed citizens to dispose of their assets after death, and although legal concepts have evolved, this practice has endured. With the advent of Christianity and the fall of the Roman Empire, the Church's influence became evident in the regulation of successions. During the Middle Ages, the Catholic Church played a crucial role in the drafting and validation of wills, becoming guardians of morality and social order. Consequently, wills began to include not only the distribution of assets but also legacies to religious institutions, reflecting the importance of faith in people's lives.

The cultural context of medieval Spain was marked by the coexistence of different religions and traditions. Jews, Muslims, and Christians contributed to this rich mix, resulting in a diversity of practices in the drafting of wills. In the Christian kingdoms, testamentary provisions could be influenced by canon law, while in territories under Muslim rule, Islamic legislation dictated different succession codes.

#### The Reconquista and Its Impacts

With the advance of the Reconquista in the 15th century, a significant change occurred in testamentary customs. The unification of Spain under the Catholic Monarchs not only brought co