Bequests may be conditional, so the testator may impose certain conditions or restrictions on the legatee in order to obtain the designated property. It is important that these conditions are not impossible, illegal or immoral because they are considered unfulfilled and the legatee also receives the property or right. Among the testamentary dispositions that we mentioned earlier, the most important and best known is the one that allows the disposal of the testator`s property. It should be borne in mind that in Chile there is no absolute freedom, as is the case in other countries, so wills must contain forced assignments to certain persons who are legally considered heirs. Thus, 50% of the total inheritance (the legitimate half) is reserved for persons who are legally designated as forced assignees. In general, the testator must express in his subsequent will that he wishes to keep all or part of his previous will. However, if the testator says nothing, the case law tends largely towards the compatibility of wills. On the other hand, the open will (the one whose content must be known to other people when it is celebrated) can in turn be celebrated before a notary and 3 witnesses, or, if it is preferred (or if it arises from necessity, for example in the face of an incurable disease), before 5 experienced witnesses. Choose one of the suggested alternatives to answer the title question that relates to the type of will made. The open will is a kind of solemn will that must be concluded before a notary and 3 witnesses or 5 witnesses who are aware of the provisions of the famous will. The closed will is a kind of solemn will that can only be concluded before a notary and 3 witnesses.
The will will be sealed and sealed in an envelope, and its dispositions will not be known to the public until after the will has been opened and read after the testator`s death. In addition, the closed will requires the deed of the envelope with certain details and information, which is traditionally done through an act. Article 999 of the Chilean Civil Code defines a will as «a more or less solemn act by which a person disposes of all or part of his property in such a way that it becomes fully effective after his days, retaining the power to revoke the provisions contained therein during his lifetime». Por fim, nada impede que o testador preveja em testamento um herdeiro que já é um herdeiro necessário, para aumentar a sua participação na herança em relação aos demais. – The employees of the notary who approves the will, if it is made before a notary From this definition, it can be said that it is a document that may or may not involve certain formalities (the deed, the presence of qualified witnesses or, in some cases, the need to celebrate it before a notary), and that it allows the person who makes his will (called «testator» for these purposes) to make certain arrangements that take effect after his death. that you can revoke during your lifetime. There are two types of special open wills, which can only be granted in the following cases: In danger of death: The testator exposed to a serious danger (illness, serious risk, fatal accident, war, disaster) can draw up a will in the presence of 5 witnesses without the presence of the notary. – Epidemic risk: in these cases, the testator can draw up a will in the presence of 3 witnesses. However, both wills expire two months after the risk of death or outbreak ends.
Therefore, if the testator does not die after these months, these wills are not valid. Similarly, if the testator dies, the will is not formalized within three months before the notary, which is also not valid. A will is a document used to express a person`s (testator`s) last will about their property after their death. The will is drawn up during the person`s lifetime and expresses the share of the inheritance that each designated heir receives (persons who are both close relatives and third parties or organizations may be named). It is a personal and free act that can be drawn up by the testator himself, without the need for a notary. Note that the open will must be concluded before a notary without the intervention of other persons, as the presence of witnesses is not required (only in exceptional cases, for example if the testator does not know how to sign the will, is blind or cannot read, or if this is requested by the notary or the testator himself). A holograph will can only be drawn up by adults. It is not necessary for the testator to go to the notary; However, a number of mandatory formalities must be completed so that the will is not declared null and void. First of all, it must be handwritten by the testator himself (i.e. the will cannot be written on a computer or recorded on video or audio). Therefore, people who cannot read or write cannot make holograph wills. Second, the testator must write the date (day, month and year of issue) and sign it at the end of the document.
If words are crossed out, altered or written between the lines, the testator must also sign next to those words for the will to be valid. – Persons who do not understand the testator`s language, unless it is a closed will Once the document has been downloaded and if we are faced with a case of a closed will or an open will under the modality of celebration before a notary and 3 qualified witnesses, the person making the will must: When you fill out the document, Contact the aforementioned notary to check the document and its legal validity. Otherwise, the document is not valid. Advantages and disadvantages? The main advantage is the confidentiality of the testator`s decisions, since no one else knows how he distributed his property. Another advantage would be the saving of money, since it has no economic cost, as well as the simplicity of modifying it (I would just have to write a new one). As for the disadvantages, it is possible that the testator does not comply with the formal requirements or the adolezca will of illegality, rendering the will null and void. Another major disadvantage is the ease of having the will destroyed or falsified by an heiress who does not comply after the death of the testator. In addition to the testimonies of the will, they can also not be heirs, legislators or lovers of the testator (unless the testator was already separated from the fat). However, if the will is registered in cartório (closed will), the tablet or writing for which the will was approved cannot be inherited. Only half of my inheritance is available for the possession of the necessary heirs. Practical examples: Juan is married to Maria, with whom he has three daughters: Ana, Bethlehem and Cristina.
Since John did not make a will, the entire inheritance would go to his three daughters and his wife would receive nothing. If his daughter Ana had failed before, she would inherit from her children (Juan`s grandchildren). Assuming that his daughters and Conyuge had failed before him, they would inherit from Juan`s parents. If none of Juan`s parents or grandmothers were alive, they would inherit Juan`s brothers and nephews (if one of Juan`s brothers had failed before). Most often, the will sets out what will happen to the testator`s inheritance or how his daughter will be divided after her death. Contudo, é possível também que o testament contanha wills não patrimoniais, tais como reconhecimento de filhos, nomeação de tutor para os filhos menores (caso estes fiquem órfãos), criação de uma fundação, entre outros disposições. The will can be opened or closed, it should be noted that its contents may or may not be known by other people at the time of the celebration. However, it is very important that the testator knows which law is applicable, otherwise the will may have no legal validity. To find out which legislation is applicable, the civil quarter is used. If desired, the testator can draw up a public will registered in money. In this procedure, it is not mandatory to carry a written document, but the testator can present this document to the Tabelião as if it were one minute of his will. Other provisions that allow for the drafting of the will are, for example, the appointment of executors (trustees or ordinary) who are executors, i.e.
executing the dispositions and assignments of the will after the death of the testator and, in the case of the executor, making secret assignments whose content is not expressly contained in the will.