Pasos y Requisitos para Hacer Testamento
There is always a certain moment in life when we realize that we will not be eternal and in addition to asking ourselves the typical question: Where are we going? We see all of our assets and think “when I leave this world, who will it be?
Or, if you have children, you will think about what you would like to leave them with if something were to happen to you. Perhaps it is a very forceful question, but necessary, if you do not want to die intestate.
It is very important to be careful and to make sure that the inheritance we leave is in good hands. Making a will in addition to thinking that one day we are going to die, allows us to make a request, 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 go.
Requirements for making a will
To test initially, there will be certain requirements that you must meet. Here are the requirements:
- Name and surname (maternal and paternal).
- Full name of the tester’s parents.
- Indicate if your marital status (single or married).
- Your spouse’s full name.
- Full name of the testator’s children.
- Date and place where you were born.
- What is your profession.
- An official identification like the IFE (Federal Electoral Institute) INE (National Electoral Institute) or passport.
- curb (Unique population registration key).
- RFC (Federal Taxpayer Registry).
- You must be over 18 and in some states you can do this at 16.
- Address (street address, neighborhood, city, delegation or municipality, state, zip code).
- Cover the amount stipulated by the Federal Law of Rights in force.
How to make a will?
You must first start by placing:
- Your personal information: Name and surname, nationality, majority, holder of the DNI, card or identity document you use, marital status, address.
You put it: … and civilly capable, in full use of my intellectual faculties, (physical if I have them or another write to him), and in the legal capacity to testify, I formulate my will in the terms I indicate or detail below.
- After the introduction the will can be direct if there is a universal heir and an example of willingness would be:
«It is my will to establish Pepito Perez Blanco as my only and universal heir, with RG or identification document XXXXXX»(if you do not know)…. It is better to say some characteristic of Pepito Perez so that there is no doubt who is the person who will inherit all the goods.
- O the notary will write this in writing, clearly reflecting the place, date and time it was granted.
- From these data, we move on to grant, without the need for witnesses, except in certain cases (when the testator is blind, if he does not know or cannot sign, or does not read the will himself, etc.).
Charges established in will
You must point out the following:
- The inheritors: They are those people who will receive a fair share of the assets constituted in the will after the person’s death.
- The legatees: They are people who receive a property or property specifically determined by the tester.
- The substitutes: They are people who can receive the inheritance dictated in the will in case the heirs and legatees die before or at the same time as the testator.
- The Executor: They are very reliable people charged with ensuring that the will is carried out.
- Witnesses: They are necessary when the testator suffers from a disability (he is blind, deaf, dumb, does not know how to read, does not know or cannot sign) witnesses cannot be family members.
Steps to make a will
- Assistance with the public notary of your choice with the requested data.
- Gather all data that are needed (requirements).
- When making your will, you must define the people you want to name as your heirs. If the heirs are two or more, 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 your child to receive an amount of his inheritance at the end of a career or a pension can be left for him while he is single.
- If you want to bequeath a specific asset to a person, you must specify what the asset is.
- As a tester, you can nominate one or more executors to comply with the provisions of the will. You only need to designate it by name.
- Parents who have parental authority over their minor children can appoint one or more guardians in their will to care for their children and their property at the time of their death.
The following video published in 2013 explains why it is necessary to make a will and how to do the paperwork.
Can I make a will if I don’t have many assets?
Yes. In the will, not only the present assets are inserted, but the future assets. Therefore, what you store in the course of your life, you can inherit to your children or relatives.
More than wealth, the will is a document of responsibility, since at some point family members must go through an inheritance process if you make the will.
Otherwise, they will go through an inheritance judicial process, in charge of a judge, which will be more expensive.
Will content be edited?
The will can be changed whenever the tester considers it and you can also grant a new testament if the testator’s circumstances change, such as: birth of new children, adoption, divorce.
The last wish made is the valid one, no matter how many times it is modified, the latter will revoke the former in all cases.
If you want to modify your will, you must meet the same requirements as were necessary to grant the previous, that is, preferably, go to the same registry office before which you made your will to express the changes you wish to make.
At the next appointment with the notary, you must show up to read and sign the new testament and carry an official photo ID.
When to make a will?
In Mexico, the Government ran a campaign that takes place every year in September; Known as testament month.
In this month, the notaries increase the opening hours;
additional to this They offer a 40% to 60% discount. All of this to motivate the population to make their will, since it was determined that only 20 out of 100 people plan how their succession will be.
In this country it is recommended that this document be made as soon as possible, as this way they guarantee the full use of their physical and mental capacities.
What is a will?
Article 1295 of the Civil Code of 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 after his death». Is voluntary declaration what the legitimate owner does, in which he decides to which people his assets belong and specifies which and how they will be distributed.
Legally, it refers to the act by which a person disposes of all or part of his assets to be distributed after his death.
There are several types of wills:
It is prepared before the head of the Consular Representation as Public Notary, writing the clauses of the will, strictly subject to the will of the testator.
In this type of testament, two witnesses will be admitted only in the following cases: When the testator so wishes; when you don’t know or can’t sign; when you are deaf, dumb or blind and do not have the ability to read.
East It is written by the tester or someone else he chooses, on plain paper and must be signed by the tester. The will will be presented closed and sealed, in the presence of witnesses, before the Consul.
The testator can keep the will in his possession or give it as a guardian to the person he trusts, or even have it deposited in the General Archives of Notaries.
The closed will is null if the envelope is open; or erased, scraped or altered the signatures that authorize it; or broke the inner sheet.
It is the testament handwritten the tester of legal age; It must be written by him in full and signed by him, informing 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 tester can place the necessary stamps, signs or marks on the envelopes.
The delivery of this will before the consular representation must be made in person. If the testator is incapacitated, a consular representative must go to the place where the testator is, making the following sentence in the original envelope: «Within this content my will.»
The duplicate is returned to the testator and the original will be sent to the General Archives of Notaries for final deposit, since wills that have not been deposited in the General Archives of Notaries will not take effect.
It is written in duplicate, on the high seas, aboard National Navy ships whether of war or merchant, in the presence of two witnesses and the captain of the ship, who must date and sign.
The ship’s captain will keep the copies among the ship’s most important papers and when the ship arrives at the port where there is Mexican consular representation.
Wills made in third countries must be apostilized or legalized, as the case may be, and notarized by a Mexican Notary Public to produce effects 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 Civil Procedure Code of the Federal District, which approves the open audience like him only kind of will.
The notary ensures that this change reduces the risk of misinterpretation on the will of the person granting it, since the public will is legally more secure, because when processing it, the interested party receives the appropriate legal advice so that his will is carried out.
Once this is done, who should have the will?
The laws of inheritance state that once the will is granted, when it is signed as a notary, the notary gives a copy to the testator, which can be authorized or simple.
Contrary to the practice that existed a few years ago of simplifying copies, currently authorized copies are normally delivered. The original of the testament, where the testator marks his signature, is kept by the notary.
At the same time, in the next three working days, the notary sends a part to the General Registry of Acts of Last Will.
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