There are several types of wills, but in most cases, open wills are the most common. They are drawn up before a notary, who is responsible for their safekeeping, and express the testator’s last wishes.
People who consider themselves to be legitimate heirs can obtain a copy of the will. With the necessary documentation and after a few days, it is delivered to them, unless they are not named in the will.
In practice, it can be delivered to children and heirs, who are even allowed to know its contents before the testator’s death. The heirs can know the intentions of the testator and can know the contents in advance.
As for opening a will, it can be opened without all the heirs being present, because each one can obtain their copy and read it carefully, wherever they want, without the others being present.
There is no specific time frame for opening a will, but this lack of specificity conflicts with other procedures that do have established deadlines.
It should be noted that inheritance and gift tax, as well as municipal capital gains tax, if applicable, generally have a six-month deadline.
The procedure should be started as soon as possible, although it is always recommended that it be done as quickly as possible. The steps are as follows:
This certificate must be requested within 15 days of the testator’s death. It can be obtained from the Regional Offices of the Ministry of Justice or the Citizen Service Office in the capital without an appointment.
In any case, it can be obtained from the Ministry of Justice’s website. A digital form must be requested from these locations, accompanied by the death certificate, either the original or a certified copy, and the corresponding fee must be paid.
Anyone can request it if they have the necessary documents.
With the above certificate, you must go to the notary’s office to obtain a certified copy of the will so that the procedures can be followed. Even if the testator’s last wishes are already known, a certified copy must be obtained.
It often happens that many years have passed since the will was written and the notary who drew it up is no longer available. In this case, you must go to the Notary Association, which will inform you where the will can be found.
The notary will deliver the will to the person who presents themselves, and that person will read it when they deem it appropriate and wherever they choose. There is no specific meeting where the reading must take place, as is often imagined. The necessary procedures are then followed.
There is no obligation to open a will, but as we can see, there are deadlines that must be met.
Another possibility is that, if there are other heirs and one of them does not respond, the rest can request a notarial summons requiring them to accept or reject the inheritance within 30 days.
If a will is not opened, there is no penalty or fine, but it is advisable to consider the deadlines for the other procedures that do have specific time limits.
Sometimes a will is not opened due to fears surrounding the possibility of debts, unfair distribution, poor relations between the heirs, or potential difficulties in reaching agreements. However, these issues can be resolved after reading the will. Not opening the will will not make these initial problems disappear.
