Preparation of the will
According to the Civil Code, “a will is a unilateral, personal and revocable act by which a person, called testator, disposes of for the time when he is no longer alive.”[1]
The will shall contain provisions relating to the estate or the property forming part of the estate and to the direct or indirect designation of the beneficiary. The will may also contain provisions relating to partition, revocation of previous testamentary dispositions, disinheritance, the appointment of executors, duties imposed on legatees or legal heirs, and other provisions which take effect after the testator’s death.
The will can be made in two forms, holographic, i.e., written entirely in the testator’s hand, or authentic, i.e., concluded before a public notary.
The will may be affected by invalidity clauses, or there may be situations where the testator’s will cannot be carried out in accordance with his wishes because it violates legal provisions or the rights of a legal heir, for example. To draft and regulate the aspects concerning testamentary provisions correctly, it is useful to have the assistance of a person specialized in this field.
