Make a Testament to distribute inheritance It continues to generate doubts among those who want to ‘leave’ the cast of their heritage before dying. Although many say it is essential to go to the notary to do so, the truth is that you can Make a testament at home, in a simple folio, by the so -called holograph will.
Given this alternative, some people may think about opting for this option to, for example, save the cost of making a will to notary. But is it advisable to make a holograph testament at home?
The lawyer and economist David Jiménez, inheritance specialist, He has made it clear that despite the apparent simplicity of the holograph testament, advise its use in most cases. In his own words, “in no case do I recommend them, only in cases of extreme need.” The main reason for this warning is the possible legal and validity problems that may arise, as well as the difficulties that can be assumed for the heirs at the time of executing the will of the testator.
How to make a holograph testament and what are your requirements
In his video, Jiménez states that the holograph testament is one that a Person writes their own fist in a simple foliowithout the need to go to the notary at the time of your writing.
This type of testament is regulated in the Civil Code (articles 688 to 693) and according to the lawyer must meet a series of strict formal requirements:
- It must be written entirely by the testator.
- It must include the full date (day, month and year) in which it is written.
- It is essential that you are signed at the end of the text.
If any of these conditions is not met, The will will be considered null and will not have legal validity.
Another key factor in doing this will, is the need for inform an heir or trusted person about the location of the documentsince after the death, the person who retains the document has a period of 10 days to present it to a competent notary.
From that moment on, a procedure called advertation and protocol begins, in which The authenticity of the will is proven and its compliance with the legal requirements.
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