Mistakes you Should Never Make When Drafting Your Will


A will is a declaration that someone makes of his last will, disposing of assets and matters that concern him after his death.  That is to say, it is a document that leaves in writing the last will of the testator, and who will receive the assets from him.

Far from what you might think, writing this document is not a complicated process, what’s more, it is quite cheap and simple. If you want to be able to fill out a last will and testament, just keep reading!

A will is a document that you can change as many times as you want, and only the testator will have access to its content before his death. The notary will draw it up in writing, clearly reflecting the place, date, and time in which it has been granted, without the presence of witnesses being necessary, except in certain cases (when the testator is blind, if he does not know or cannot sign, or cannot read the will for himself, etc.).

However, in the same way, that the law establishes that there are a series of minimums that must be respected that are the legitimate part, which corresponds to the descendants, ascendants, and spouse; the improvement part is the third that is used to improve the inheritance of one or all of the legitimate heirs; and finally, the freely available third that can be freely distributed, it is necessary to know that there are a series of errors that we must avoid committing, so that they cause us problems.

Failing to adequately describe inheritance

Inheritances are usually the source of conflict in many families, and that is why it is very important to be very meticulous when distributing our assets and leave in writing who will keep our assets, both those with the most economic value and those with more sentimental value.

It is best to try to find a balance when dividing if what is intended is that all heirs receive equally.

Don’t review the document

As we explained previously, the will can be updated as many times as you want, and this is usually important, especially if there have been divorces or if the testator has remarried and started a new family. In addition, it can also happen that since the will was made until the moment of death, the assets have changed, and it is necessary to keep the document updated so that when it is read there are no surprises. It is important to note that the last valid will be the last document to be modified.

The executor

When a person dies, there are two figures that are especially important: the administrator of assets and the executor, who will represent the inheritance of the deceased until it is distributed among all the heirs, always fulfilling the will of the person who wrote the will. The main difference lies in the person who designates them, that is, the executor is appointed by the testator, while the administrator is appointed by a court when there is no will, it is invalid or the heirs do not agree on the distribution.

Among the most common functions of the executor are the interpretation of the will, administering, counting, and dividing the assets of the inheritance. He is also in charge of paying the debts of the inheritance and protecting the assets that have been inherited. The testator can choose who will occupy this figure, who must meet a series of requirements (be of legal age and be able to act judicially). The problem with naming more than one executor is that there may be problems between them, having different interpretations of the document. Therefore, what is recommended is to appoint a main executor and other substitutes in case there is a problem.

Where is my will?

The deceased is in charge of writing and keeping his will, and this can become a problem if he does not tell anyone where he has kept this document. Therefore, it is convenient to know that you can ask a lawyer to keep the document for us, or simply tell a trusted person where it has been saved.

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