What happens if there is no Testament?
The preparation of the will is not mandatory, but it is advisable to do it to avoid conflicts to the heirs. The will is defined in the Civil Code as the act by which a person has after his death all or part of his assets.
What happens if there is no Testament?
In the absence of a will, it is the law that determines how the assets of the deceased should be distributed among their heirs according to the order of kinship: descendants, ascendants, spouse, collateral, other relatives, and finally, the State.
In these cases, a “declaration of heirs ab intestato” must be formulated both for cases in which there is no will and for those in which the testament granted is declared void. This declaration is a public document that shows which relatives have the right to inherit, in accordance with the aforementioned rules. This procedure is always done before the Notary.
It should be noted that the cost of these procedures is up to three times more expensive than in those cases in which there is a will.
Kinds of Testaments
The testament can be holographic, open or closed
The testament is holographic when the testator writes it himself. It must be signed and the date on which it is granted must be collected. The person who has it in his possession must present it to the Notary within 10 days after becoming aware of the death.
The open testament, which is the most common, must be granted before a Notary before whom it will express orally or in writing its last will. In these cases the Notary orients the testator in the decisions regarding the distribution and destination of his assets and rights.
The testament closed is a written document where the testator, without revealing his last will, declares that this is in a statement delivered to the Notary. It has the following requirements: statement of the testator that the closed sheet contains his last will and presentation of the same to the people who must authorize the act.
How much does it cost to make a will?
Making a testament is worth approximately between 38 and 50 Euros, and this amount may vary exceptionally.
Can the will be revoked?
The testament is essentially revocable and can be modified until the moment in which the testator dies. The testament can be revoked, on one side, totally or partially, and on the other hand, expressly or tacitly.
The express revocation is given when the testator grants a new testament repealing expressly the previously granted.
The tacit revocation occurs with the granting of a new testament by the testator without expressly repealing the previous one.
We hope this information has been useful and if you have any questions about it, please do not hesitate to contact us.
