Steps and Requirements to Make a Will

10 minutos de lectura

In life there always comes a certain moment in which we realize that we will not be eternal and in addition to asking ourselves the typical question of where are we going to go?, we see all our possessions and think «when I leave this world, who will Will you stay with all this?

Or in the event that you have children, you will think about what you would like to leave them if something were to happen to you. Perhaps it is a rather forceful but necessary question, if you do not want to die intestate.

It is very important to be cautious and make sure that the inheritance we leave is in the right hands. Making a will beyond thinking that one day we will die, allows us to have an order since we establish who each of our assets will be.

If that is your situation, I invite you to read this article. We will give you all the information, the requirements you must meet, the steps and the meaning of what a will.

Requirements to make a will

To test initially there will be certain requirements with which you must compulsorily comply. Here are the requirements:

  • Name and surname (Maternal and Paternal).
  • Full name of the testator’s parents.
  • Indicate if what is your marital status (single or married).
  • Full name of your spouse.
  • Full name of the testator’s children.
  • Date and place where you were born.
  • What is your occupation.
  • Nationality.
  • An official ID such as IFE (Federal Electoral Institute) INE (National Electoral Institute) or passport.
  • curp (Unique Population Registry Code).
  • RFC (Federal Taxpayer Registry).
  • You must be over 18 years old and in some states you can do it at 16 years old.
  • Address (street, neighborhood, city, delegation or municipality, state, zip code).
  • Cover the amount stipulated by the Federal Rights Law in force.

How to make a will?

You must first start by placing:

  • Your personal information: name and surname, nationality, of legal age, holder of the DNI, card or identity document used, marital status, address.

you place: … and civilly able, in full use of my intellectual faculties, (physical if he has them or someone else writes for him), and in legal capacity to make a will, I make my will in the terms that I indicate or detail below.

  • After the introduction the will can be simple if there is a heir apparent and an example of a will would be:

«It is my will to establish Pepito Perez Blanco as my sole and universal heir, with DNI or identification document XXXXXX»(if you don’t know) …. it is better to say some characteristic of Pepito Perez so that there is no doubt about who is the person who will inherit all the assets.

  • The notary will write it in writing clearly reflecting the place, date and time it was granted.
  • From these data we proceed to grantwithout the presence of witnesses being required, except in certain cases (when the testator is blind, if he or she does not know how to or cannot sign, or cannot read the will himself, etc.).

Charges set forth in a will

You should point out the following:

  • The heirs: They are those people who will receive an equitable part of the assets established in the will after the death of the person.
  • The legatees: They are people who receive a property or property specifically determined by the testator.
  • The substitutes: They are people who may receive the inheritance dictated in the will in the event that the heirs and legatees die before or at the same time as the testator.
  • The Executor: They are very trustworthy people in charge of ensuring that the will is fulfilled.
  • Witnesses: These are necessary when the testator suffers from some disability (he is blind, deaf, dumb, does not know how to read, does not know how to or cannot sign), the witnesses cannot be relatives.

Steps to make a will

  • Attend with the notary public of your choice with the information requested.
  • Gather all the data that are required (requirements).
  • When making your will you must define the people you want to name as your heirs. If there are two or more heirs, it is necessary to mention the proportion in which each of them will participate in the inheritance.

Important : When writing your will, be very specific in your requests. For example, if you want his son to receive an amount from his inheritance at the end of a career or you can leave him a pension while he is single.

  • If you want to bequeath a specific asset to a person, you must specify what asset it is.
  • As a testator you can name one or more executors to comply with the provisions of the will. It is only required to designate it by its name.
  • Parents who have parental authority over their minor children may name one or more guardians in their will so that upon their death they take care of the children and their property.

The following video published in 2013 explains why it is necessary to make a will and how the procedures are carried out.

Can I make a will if I do not have many assets?

Yes. In the will, not only the present assets are entered, but also the future assets.. Therefore, what you store in the course of your life you can inherit to your children or relatives.

More than wealth, a will is a document of responsibility, since at a certain moment the relatives must go through a succession process if you make the will.

Otherwise, they will go through a judicial inheritance process, in charge of a judge, which will be more expensive.

Can the content of the will be edited?

The testament It can be changed whenever the testator considers it and you can also grant a new will if the testator’s circumstances change, such as: birth of new children, adoption, divorce.

The last testament made is the valid matter how many times it is modified, the latter will override the former in all cases.

If you want to modify your will, you must meet the same requirements that were necessary to grant the previous one.that is, preferably go to the same notary before which you made your will to show him the changes you want to make.

At the next appointment with the notary, you must go to the reading and signing of the new will and bring an official photo ID with you.

When to make a will?

In Mexico, the Government has carried out a campaign that is carried out every year in the month of September; known as the testament month.

In this month, public notaries increase their customer service hours;

additional to this They give you a discount from 40% to 60% discount. All this in order to motivate the population to make their wills, since it was determined that only 20 out of 100 people plan what their testamentary succession will be like.

In this country it is recommended that this document be done as soon as possible since in this way they ensure the full use of your physical and mental capacities.

What is a will?

Article 1295 of the Civil Code for the Federal District (CCDF), defines it as “a very personal, revocable and free act, by which a capable person disposes of his assets and rights, and declares or fulfills duties for after his death”. Is a voluntary declaration that the legitimate owner does in which he decides to which people his successions belong and specifies which ones and how they will be distributed.

Legally, it refers to the act by which a person disposes of all his assets or part of them to be distributed after his death.

There are several types of wills:

  • Open Public

It is prepared before the head of the Consular Representation acting as Notary Public, drafting in writing the clauses of the will, strictly subject to the will of the testator.

In this type of will, two witnesses will be allowed only in these cases: When the testator so wishes; when he does not know or cannot sign; when you are deaf, dumb or blind and do not have the ability to read.

  • closed public

East it is written by the testator or another person chosen by the testator, on common paper and must be signed by the testator. The testament will be presented closed and sealed, in the presence of witnesses, before the Consul.

The testator may keep the will in his possession or give it to a trustworthy person, or have it deposited in the General Archive of Notaries.

The closed will is without effect if the envelope is open; or deleted, scratched, or amended the signatures that authorize it; or broken the inner fold.

  • Holograph

is the testament handwriting of the testator of legal age; which must be fully written by the same and signed by him, with expression of the day, month and year in which it is granted.

You must print your fingerprint and make a duplicate by closing each copy in a sealed envelope; The testator may place the seals, signs or marks that are necessary on the envelopes.

The delivery of this testament before the consular representation must be done personally. If the testator is incapacitated, a consular representative officer must go to where the testator is, making the following phrase appear on the original envelope: «Inside this envelope is contained my will.»

The duplicate is returned to the testator and the original will be sent to the General Archive of Notaries for its final deposit, since wills that have not been deposited in the General Archive of Notaries will not take effect.

  • Maritime

It is written in duplicate, on the high seas, on board ships of the National Navy whether war or merchant, in the presence of two witnesses and the captain of the ship, who must date and sign it.

The captain of the ship will keep the copies among the most important papers of the ship and when the ship arrives at a port where there is a Mexican consular representation.

Wills made in third countries must be apostilled or legalized, as the case may be, and notarized by a Mexican Notary Public in order to have effect in the territory of the Republic of Mexico.

Which is the most recommended?

Recently, the Plenary of the Legislative Assembly of the Federal District (ALDF) approved reforms to the Code of Civil Procedures of the DF in which the figure of open public As the only type of will.

The notary ensures that this change allows to reduce the risk of a wrong interpretation about the will of the person who is granting it, since the open public will is legally safer, because when processing it, the interested party receives adequate legal advice so that his will is carried out.

Once done, who should have the will?

The laws of inheritance dictate that once the will is granted, when it is signed at the notary, the notary delivers a copy to the testator, which can be authorized or simple.

Contrary to the practice that existed some years ago that copies were simple, currently authorized copies are usually delivered. The original of the will, where the testator stamps his signature, is kept by the notary.

At the same time, within the following three business days, the notary sends a part to the General Registry of Acts of Last Will.

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