The requirements to make a will, the types that exist, how to make it, tips to make it and much more is described in this article. So if you are looking for information on wills, keep reading.
Now, what is a will? is a declaration where a person explicitly and voluntarily states what they want to be done with their assets once they die.
In addition, it is a public act subject to certain requirements so that it is registered in favor of one or more and heir (s).
What are the Requirements to Make a Will?
To proceed to test it is necessary to comply with the requirements to do in will, which are mandatory requirements by law. In this sense, the following are the necessary requirements to be able to make a will.
Data of the testator or of the person requesting to make and register his will:
- Names and surnames of the applicant, person who wants to make his will.
- Provide an identity document, it can be the IFE, INE or passport.
- Place and date of birth of the testator.
- It is necessary to mention in the document if the testator is single or married.
- It is also necessary to indicate the occupation of the testator.
- Citizenship or nationality.
- Original and copy of the unique population registry key.
- The federal taxpayer registry is also necessary.
- The testator must be over eighteen (18) years of age, although there are some Mexican cities that accept testators from sixteen (16) years of age.
- Address of residence of the testator, with details of: avenue or street, urbanization or neighborhood, city, municipality, state and postal code.
- Payment of the tax established by law.
- The names and surnames of the testator’s parents are also required.
- If the testator is married, he must indicate the first and last name of his spouse.
- In addition, the names and surnames of the descendants of the testator are required.
- If the heir (s) do not belong to the family nucleus, the name and surname of the heir (s) and personal characteristics are required, if necessary.
How is a Will Made?
Below is describe the step by step to prepare the will:
- To start the process, the testator must approach a public notary, with the requirements indicated above and stipulated by law to make a will.
- In the content of the document or will, you must identify the beneficiary (s) that you want to establish as heir (s) or beneficiary (s).
- In the event that the beneficiaries are more than 2 people, it is necessary to detail the proportions of the goods to be delivered to each one.
On the other hand, it is essential that when preparing the will, the testator is very precise in its clauses, for instance:
- If the testator wants his eldest daughter to receive a property from the inheritance bequeathed, when he reaches a certain age or when he finishes his degree. The testator can bequeath him an amount of money while he is a minor or while finishing his degree.
In case of wanting to leave a private property to a person, the aforementioned property must be detailed in the document, and it is also necessary that the name and surname of the testator or executor be identified in the document.
The testator may mention one or more testamentaries, in order to enforce his last will. Likewise, testators who have parental authority over their children have the option of choosing and mentioning in the will. to the guardians or guardian of the minor (s).
All this with the purpose that at the time the testator dies, the guardian (s) attend (s), maintain and defend the child (ren) and the assets bequeathed to them.
Can I Make a Will if I have Few Assets?
Of course if a will can be made If you have few assets, since the testament not only includes present assets, but also future or upcoming assets to be obtained.
That is why what goes away getting on the day to day of life, it can be inherited to descendants or heirs, relatives or not.
In this sense it is important understand that a Will is not only about material goods but it is a document where responsibilities are granted. Since at one point in life a relative must go through a process of succession, when drawing up a will.
In case of not elaborating a will, the heirs must go through a judicial inheritance process, conducted by a judge, which is more cumbersome and more expensive.
On the other hand, it is important to consider that the will can be change the times that the testator requests it.
In addition, you can also generate a brand new testament, if the conditions of the testator change, for example if new children arrive, adoptions, a divorce, among others.
That is why the final testament is the legitimately valid, no matter how many times it is changed, the last one will override the previous ones in all situations.
However, to modify a will, the same initial requirements must always be met. In this sense, it is convenient to go to the The same notary public to which you went with the previous will, to request the changes you want to make.
In addition, always when modifying the will, you must go to the notary presenting the identification document for reading and signing the new version of the document.
Types of Wills
- Open public will, It is carried out in the presence of the authorized representative of the consular representation of the functions of the public notary.
- Writing the provisions of the will, as strictly indicated by the applicant or testator.
- This type of will allows 2 witnesses, in cases that the testator decides or does not know and / or cannot sign, or also when presenting any other disability.
- Will closed public, written by the testator or by the person he chooses, written on conventional paper and signed by the testator.
- In this case, the document is presented closed and sealed, with the witnesses, in front of the Consul.
- With this type of will, the testator can keep the document in his domain or he can also give it into custody to another person of his entire confidence.
- This type of will would be invalid if the sealed and signed envelope is found open, torn, blurred or with amendments.
- Will holograph, this type is handwritten in its entirety and signed by the testator, indicating the date of elaboration.
- It also includes the testator’s fingerprint, he must take a duplicate and close each one in a sealed envelope.
- This will must be delivered to the consular representative personally, in case the testator is unable to do so, he or she must call an official who represents the consular office.
- Maritime will, it is drawn up in duplicate on the high seas, if it is in national navy ships, it must be done in the presence of 2 witnesses and the captain of the ship.
- Both the witnesses and the captain must sign and date them.
- In this case, the captain reserves the two documents, when the ship arrives at the port where there is a Mexican consular presence, he delivers it.
Tips for Making a Will
In case the testator does not have From legal advice, before going to the notary, you can draw up a will as indicated below. Accompanying it with the requirements indicated above:
- Start a document by first entering the testator’s data: names, surnames, citizenship, age, ID number or the identification document that you want to use, civil status and address of the residence.
- In the next paragraph start with:
- Finding me civilly fit and in full knowledge of my physical and mental faculties and with legal capacities to testify, I pronounced my will in the conditions indicated below.
- After starting the document, which can be simple if there is only one beneficiary or heir. In this case, you can continue with the following paragraph:
- It is my wish to establish Ramón Castro as my universal heir (for example), with the DNI number 6778799, in case of not knowing the DNI number, the person can be described, in such detail, that there is no doubt in any moment of who is the person who will receive the inheritance.
- With this writing, when arriving to request the procedure at the notary, the will will be drawn up according to what is reflected in the aforementioned writing, in addition to the time and date of the request.
- With the data indicated, the notary’s office proceeds to register it, without requiring the signature of witnesses, unless it is a special case, for example if the testator has some disability.
What is it?
One testament is the declaration where a person explicitly and voluntarily states what they want to be done with their assets once they die.
It is also a public act subject to certain requirements to make a will, so that it is registered in favor of one or more and heir (s).
On the other hand, it is important to understand the role of some people who may appear in the will, which are mentioned below:
- Testator, is the person who requests to make his will so that when he dies, his last will is written and made official before a public notary.
- Testamentary or executor, is the person assigned by the testator to carry out his will upon death.
- The beneficiary (s) or heir (s), refers to the person (s) who will receive the inheritance or part of it, as established in the will. All this, once the death of the testator occurs.
- Legatee (s), is the person (s) who receive a particular asset and determined by the testator.
- Substitute (s), refers to the person (s) who can receive the inheritance established in the document, if the beneficiaries and / or legatees die before or at the same time as the testator.
- Witness (s), is the person (s) necessary in case the testator suffers from any disability, for example blindness, deaf, dumb, illiterate or unable to sign. In these cases, the witnesses must not be the testator’s family.
Artículos relacionados que te pueden interesar