Testament

What is a Will?

A Will is the act by which a person disposes of his or her property, in writing, after his or her death. It is advisable for every adult person to prepare a Will, as long as he or she is of sound mind. In this way, you will advance the inheritance process and your heirs will not have to go to court to apply for a "Declaration of Heirs" . On the other hand, if you need to search for a Will of someone who may have left you an inheritance, you should go to our Will search page.

Who can I leave my goods to?

It is recommended that before you prepare a Will, you make an inventory of your assets. These assets include real estate, accounts at financial institutions, motor vehicles, etc.

In Puerto Rico, there is the concept of "forced heirs ". The forced heirs cannot be left out of a Will unless there is a specific cause or reason established by law. In essence, the forced heirs are the children, and in their absence, the parents. The new Civil Code of Puerto Rico, which came into force in November 2020, establishes a minimum requirement that half of the assets go to the children and the widow or widower. The rest of the assets can be "freely disposable", that is, to whomever the testator wishes. On the other hand, under the new Civil Code, witnesses are no longer needed, as was previously required, unless requested by the testator or the notary.

In addition, there is another type of will, called an olographic will. It is so called when the testator writes it himself in the form specified by law. However, this type of Will would then have to go through a costly probate process in court. Therefore, in general terms, we do not recommend the so-called holographic will.

Can I appoint an "executor" or "executrix"?

Yes, apart from the fact that it is advisable in order to speed up the inheritance once the testator dies. The "executor" is the person entrusted by the testator to carry out the last will of the deceased, guarding his or her assets and giving them the destination that corresponds to the inheritance. On the other hand, the new Civil Code of 2020, added a related figure, known as the "executor", who is the person in charge of carrying out acts for the benefit of the inheritance or of making the partition.

Conclusion

We can help you prepare your Will. For your convenience, we can do the process at your home, particularly if you reside in the San Juan metropolitan area. If you choose this option, we will come prepared with everything you need to finish printing or changing the document in your own home. We have portable equipment such as a computer and printer. In addition, if you wish, you can also make a Durable Power of Attorney as part of the same transaction.

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