Testament Capacity August 9, 2013 July 9, 2014 Leah

For these purposes will be cited survivors of the testator, i.e. spouse, ancestor and descendant. Once the judge has determined the identity of the Testament and the validity thereof, shall order its notarization before the notary that corresponds. The notarization shall include also the proceedings that have been carried out by the Court to determine the identity of the testator and the validity of the will. In the event that the judge does not validase the Testament, interested parties may enter into the legal actions that correspond against that decision. The great advantage of this type of wills is that through it is preserved in the best possible way the secret about the testamentary provisions, since the testator only aware of them and has no Why have third parties involved in the process until after his death. Now well, also it is a kind of testament that entails many disadvantages.

You have pointed to one of them at the beginning and it consists that those people who are disadvantaged by this provision may call into question the capacity of the testator in the granting of Holograph will, what will lead to a judicial procedure, which shall serve parties of experts who testify about the status of the testator at the time of granting his testament. Obviously, a procedure of this kind costs rise enough, taking also into account that we would find us at the end before a decision that a judge will make that you should base it on expert and witness statements that have been made, being therefore a decision at any point it subjective. This problem may not be in other types of Testament, since the notary manifested in all other cases the person who appear before him has sufficient capacity to grant the Testament. Even if a subjective manifestation of the notary (has in my opinion sufficient capacity to grant the Testament), the truth is that this demonstration grant to granting a solemnity that the Holograph Testament lacks.