There is not only one way to make a will in Chile. A person entitled to a reserved portion is any person to whom the testator owes part of his will by operation of law. Compulsory assessors are therefore persons who are entitled to maintenance, a reserved portion and an increase. If the testator has not appointed an executor, any heir may execute the will by applying for actual possession in court, represented by a lawyer. Thus, the Civil Status and Identification Service has the National Register of Wills, a public register that can be consulted by any person who asks the offices of the Service for the presentation of the death certificate corresponding to the executor. Can a third party be commissioned to draw up a will? No, it is a very personal and one-person act. Therefore, joint wishes are null and void, as is the possibility of verification by an agent or representative. A girl who has reached the age of twelve and a boy who has reached the age of fourteen can test freely and without permission. The register to which we refer contains the pay slips of wills issued or notarized by the notaries of the country. This is to prevent an actual possession that is not intestate from being treated as intestate and, consequently, from falling into the hands of those who are not its heirs. Is it always necessary to have a lawyer to enforce a will? Yes, to settle the administration in court. After all the above, we can already summarize how to make a will: as you may have noticed, writing a will in Chile is a bit cumbersome, but not so much to think about the problems that could remain for the other heirs if the testator were to leave this life. Legally, it is first stipulated that half of the property must be inherited by descendants, ascendants or civil spouses or partners, in the legal form of “legal forcible transfer”.
Finally, the main purpose of wills in Chile is the disposition of all or part of the property. But this is not the only object. Unlike irrevocable gifts between living persons, the law is responsible for the inclusion of revocable gifts in acts that are understood by analogy as true wills. The judge who must open a closed will first establishes the death of the testator, the person concerned presenting him with the death certificate of the testator. In this will, the testator`s first and last name must be indicated; the place of birth; the nation to which it belongs; whether he is adventurous in Chile or not, and if so, in the community where he resides. Therefore, the testamentary recognition of the child remains final, but is subsequently revoked. The law does not allow the will to be a joint act, that is, made by several people at the same time. Wills in Chile are not only intended to dispose of the deceased`s property. The essential characteristic of this type of will is that it makes witnesses aware of its contents.
However, there may also be wills in which the testator`s property is not alienated, in whole or in part, but is granted with other objects; For example: appointment of an executor or divider of the inheritance, guardian of children, recognition of a child as natural, etc. The first thing to note is that solemn wills may have been drawn up in Chile or abroad. Solemn wills in Chile can be of two types: How is a will executed? The testator may have appointed an executor or executor to sign the declarations in the will. After the death of the testator, the executor must inform the heirs that there is a will and that it represents the person`s will. Then, he must make the necessary arrangements in court to ensure that what the will says about the material property is included in the actual possession. If the testator has not appointed an executor, any heir may execute the will by applying for actual possession in court, represented by a lawyer. After the death of the testator, the executor must inform the heirs that there is a will and that it represents the person`s will. Then, he must make the necessary arrangements in court to ensure that what the will says about the material property is included in the actual possession. The will is therefore read by the notary and, failing that, by one of the witnesses.
During the reading, the testator will be in sight and the presence of the persons whose presence is required. The judge then affixes his signature at the beginning and end of each page of the will and sends it with the work to the notarial actuary to include it in his minutes. As the concept of the will says, its main purpose is to take full effect after the days of the deceased. The drafting of a will is recommended because it is a fast, simple and economical and useful procedure to decide the fate of the succession, thus avoiding a posteriori problems for relatives and relatives. The testator (the person who writes the will) can clarify his wishes and know that they will be fulfilled to a large extent when he is no longer there. Heirs and heirs of a deceased person who left a will and who meet the following requirements: A solemn or secret will is a will in which witnesses do not have to be aware of testamentary dispositions. A will is a legal document used to bequeath assets held by the testator or author of the will. Therefore, the procedure is delicate and provides for certain rules to be respected before implementation. How to make a will in life in Chile is a question that two most common types of wills answer: Where can you turn for a will? At the service of civil status and identification.
They have a national register of wills where, in addition to the type of will, the date, name and RUN of the testator can also be consulted. Only that the data can be viewed by the public, the content cannot be disclosed. Here you will find information about what a will is, what qualities you need to have, what it is for and how to use it. Although it is a well-known instrument to humans, the extent of its application and the mechanisms regulated by law in this regard are generally unknown.
