In Spain, the affidavit is a public document in which two witnesses (and not the notary) solemnly declare the facts to their knowledge regarding a succession: who the heirs are, if the deceased was married or had children or any other descendants, if there are any disputes over the succession. The affidavit constitutes preferred evidence for the declarations contained within it, but it must be understood that the declarations are not made by the notary but by the two witnesses appearing in the instrument and under their sole and exclusive civil and criminal liability, and all in agreement with the evidence provided by the parties.
The absence of a will, the civil status of the deceased and the births or deaths of children or other descendants or heirs are proven by certificates issued by the register of last wishes or civil status registry, where applicable, but the remainder of the data and evidence are provided by the heirs or, where applicable, by witnesses (the knowledge of other heirs’ or descendants’ existence for example).
The notary draws up the affidavit based on the evidence provided by the parties, the declarations of witnesses and the remainder of the documents constituting the instrument.
