Benefits of Managing it through a Notary
What are the benefits of making a will? What details should you include? and How to do it? We'll tell you everything you need to know about wills and why it's the best option to manage it with an expert in the field.
The death of a person is a natural event that generates a series of consequences in the patrimonial sphere that need to be organized and resolved, as every human being, when they die, to a greater or lesser extent, has a series of assets, rights, and obligations whose ownership must be transferred.
Article 657 of the Civil Code establishes that the right to succeed a person is transmitted from the moment of their death. Then, in Article 658 of the Civil Code, it is established that succession is deferred by the will of the individual manifested in a will, and in the absence of this, by disposition of the law.
What is a will?
It is a legal act where a person determines how their assets should be distributed at the time of their death according to Article 667 of the Civil Code. In this case, we can speak of a testate succession. Any person who has the capacity to do so may determine the destiny of their entire estate for the moment of their death, determining the person or persons who should acquire the ownership of their assets, rights, and obligations.
For this, it is important to note that:
- It is an individual act, each person can only dispose of theirs separately (Article 669 of the Civil Code).
- It is a personal act, so its formation, in whole or in part, cannot be left to the discretion of a third party, nor can it be done through a representative (Article 670 of the Civil Code).
- If it is granted with violence, deceit, or fraud, it will be null (Article 673 of the Civil Code), that is, it will have no validity.
- As many wills as desired can be made, but the most recent one nullifies the previous will.
What types of wills exist?
In accordance with Articles 676 and 677 of the Civil Code, there are two main categories of wills:
- Common Will: which includes the open will, the closed will, and the holographic will.
- Special Will: which includes the military will, the maritime will, and the will made in a foreign country.
Why is it advisable to make a will?
A will is a simple and necessary individual document because it will allow tying up loose ends and facilitating succession in a less costly manner for heirs. Thus, future conflicts between family and/or heirs that may bring discontented persons and poorly sold properties can be avoided, as a consequence of haste and fair division.
On the other hand, it allows including non-forced heirs in the distribution of assets, which will not be taken into account by what is established under the law. So, from this point, it is always advisable to make a will during life and to separate assets randomly.
How should I manage my will with a notary??
A notary is a public official who has authority to certify public acts performed before him or her and drafts and guarantees such documents. In this way, he or she gives validity to the will and the signature of its testator before the General Registry of Last Wills, in addition to advising at each step of the process.
To do this, the person who wants to make a will simply has to contact the Notary Office and request that an appointment be assigned to them for this purpose, on the day and time that suits them best. On the agreed-upon day, the person must appear with:
- Their valid National Identity Document or Passport.
- In case witnesses or experts are required, they must appear and also provide their respective identity documents or passports.
This way, the notary will be responsible for expressing in writing the testator's will, but for this, he or she must know:
- The identity (name, surnames, and National Identity Document number) of the person or persons who will be designated as heirs or legatees.
- All the provisions and stipulations that the testator wishes to include in the will, so that these are properly recorded in its drafting.
Do you want to avoid future conflicts and have control over your assets? We can help you, contact us to schedule an appointment.
