Specialists in Succession Law
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We will advise you on the most appropriate Clauses and Provisions for your Will and Succession.
As its name suggests, it is carried out with the intervention of a notary.
In turn, the notarial will may be open or closed.
This will is written and signed by the testator himself with the indication of the place, the date of the award and all the necessary requirements.
A document of advance will in which the interested party himself gives the instructions on the care and type of assistance he wishes to receive in the event that he should find himself in a state of irreversible illness that prevents him from expressing them.
It is a codicil that is not subject to formalities and whose validity depends on the notes assigned to the testator himself in his Will.
Acceptance of Inheritance
The Acceptance of the Inheritance is an act by which the heir is called to the inheritance and decides whether or not to accept it.
Contestation of the Will
When one does not agree with a Will, one may contest it on the basis of any of the reasons or grounds provided for in the Inheritance Law.
GROUNDS FOR CONTESTING A WILL
For the exclusion in the Will of a Forced Heir
The Testator may not deprive the forced heirs of their rightful claim, except in the cases expressly determined by law.
In the event that the Will omits a Forced Heir, it may be challenged.
For not respecting the Quotas of the Forced Heir
If the Testator does not take into account the quota that corresponds to a Forced Heir, the latter may contest the Will and request his share.
For Incapacity of the Testator
This assumption is made if the Testator does not have Legal Capacity to grant the Will.
This occurs when the Testator is under 14 years of age or is not sufficiently sane (whether or not he is judicially incapacitated).
For Violence, Coercion or Fraud
In the event that the Will is drawn up under threat, intimidation or deception, it will be void and may be challenged.
If the testator disinherits a person without just cause, the Will may be invalidated.
Defects of form in the drafting of the Will
The different types of Wills must be made on the basis of formal requirements and failure to comply with these will result in a challenge.
EXECUTOR OF LAST WILL AND TESTIMONY
This is the person charged by the testator or the Judge with carrying out the last will and testament and guarding his or her property.
The heir may claim from one or more other persons the recognition of his or her status as heir and the restitution of the inherited property.
FORCED HEIRSHIP CLAIM
Portion of property that the testator cannot dispose of because the Law has reserved it for certain heirs, known by this reason as forced heirs.
Inheritance Division Procedure
The procedure of division of the estate is followed in cases where all the heirs and interested parties in an Inheritance agree with the content of the testamentary dispositions or with the inventory of assets that make up the inherited estate, but not with the following aspects:
- Assets inventoried, because they understand that there must be more, or that others should be excluded.
- The economic valuation of the assets that make up the referred Estate.
- The distribution that is intended to be made of the assets indicated in an Estate.