One of the main problems between families is the distribution of assets in the absence of participation. The problem is exacerbated when the assets become intestate. Because of this, although it is a difficult issue to think about in life, it is important to plan your inheritance.
With a will, your assets are passed on to people in the proportions you choose. This way, if the testator dies, he can be sure that his family and assets will be protected under the provisions of the document.
A will offers legal security, both to owners and heirs of property. There are different types of will designed according to the needs and circumstances in which it is made.
What is a will and how does it work?
A will is a personal, revocable and free act, in which a competent and mentally competent person sells his assets and rights, in which he declares or fulfills duties after his death.
A will acts as a legal instrument executed before a notary, in which the will declares the fate of your assets and rights after death; It is the ideal tool to guarantee the legal security of loved ones.
How many and what are the types of wills in Mexico?
There are eight types of wills, which are divided into special and ordinary wills. Below we explain what they are and what each one consists of.
Ordinary wills
Ordinary wills are given in normal times and during life, and are classified as:
Open Public Will
This is given in front of a Notary Public, who will read it and certify that what is stipulated in the will has been fulfilled. If the testator can read and write, there is no need for witnesses, if he does not come with two witnesses and if he does not know the language, he must have an interpreter.
Closed Public Will
It can be written by the testator or another person at his request on plain paper. To form it, you must go to a notary, present the sheets signed and signed by the testator, as well as declare that the document contains your last will. The person who signed or initialed the testator must accompany him to present the sealed document.
Public Will Simplified
This is the one that is given before a notary during the deed, regarding the properties reserved or used as the house where the claim or regularization is recorded, that is, the will appears in the same acts.
Olograph testament
This is one written in the testator’s handwriting; for its validity it must be presented closed and sealed and placed in the General Notaries Archive. In this case, no person can write the will in place of the testator. It can only be given to people who are of legal age and must be signed, indicating the year, month, day, time and place of giving it.
Special wills
Special wills are those given by the testator in times or places where the situation in which they are made is unusual or unique:
Private will
This will be valid only in serious cases or sudden illness, as long as the person is unable to make a holographic will. To prepare your will, you must express your will in the presence of witnesses. This can only happen if the testator dies due to a serious illness that afflicts him or due to the dangerous situation he finds himself in- the.
Will of the Military
This testament can be made by the military or the like, at the time of entering the war or being wounded on the battlefield, declaring their will in front of two witnesses or delivering a sealed testament that contains their last testament, signed by handwritten.
Maritime Testament
This can be the will of those who are at sea, on board ships of the National Navy, whether war or merchant, they will write it in the presence of two witnesses and the captain. It can be sent to the port authorities and the Ministry of Foreign Affairs for processing by the corresponding entity.
Will made in a foreign country
This is given to Mexicans outside the national territory and must be given before the Mexican authorities, such as secretaries of legations, consuls or vice-consuls. The will must be made in compliance with the requirements established by the laws of the place where it is issued.
