How to make a will in Chile? Here are the steps to consider

The death of a person causes not only the mourning experienced by those close to him, but also, for certain families, the beginning of a Disputes over property that person may leave .

This is why it is usually extended the recommendation to write a will be for those who have valuables in their possession and want to ensure that they reach their corresponding heirs when the time comes.

The above becomes relevant, since if a person dies without this document, his will will be superseded by the law, which determines who can access his property.

As summarized in the portal easy law from the Library of the National Congress of Chile, a will allows a person dispose of your property to be heir after his death.

In this regard, it is stated that with this “statements can also be made such as the appointment of a guardian for their children or the recognition of a child out of wedlock.

Along with the above, the legislation indicates that people cannot make a will in the following situations: women under 12 years old, men under 14 years old, insane people, insane people deprived of administration of their goods and who cannot clearly express their wishes.

It is also determined that a will is a personal document For what This is not a process that can be outsourced to a third party .

To clarify what the will says, an executor or testamentary executor can be named, the person responsible for informing the heirs and carrying out the last wishes of the deceased.

make a will You only need the identity card of the deceased and the witnesses as Carlos Matthews, lawyer and founding member of the Matthews Paiva Law Firm inheritance lawyers.

–In the case of being a person over the age of 75, having a certificate of lucidity . Regarding this last document, it is a very controversial issue since it is a requirement of notaries, who, in order to protect themselves and avoid possible legal proceedings against them, request this document to the youngest at the discretion of the acting notary.

Matthews points out that “wills must be written by the deceased himself according to his will”.

-However, It is extremely advisable for the person who wishes to have a test to enlist the services of a lawyer. to know exactly what you can and cannot do, so that your will is a valid document and has enough force to respect your last will.

After preparing the document, It is important to go before a notary to “comply with legal solemnities, that is to say that it is verified that the testator is in his right mind, the signatures of the testator and witnesses of the act are authorized”, in addition to presenting it to the National Register of Wills.

Depending on the length of the document, this process should take about four days .

A question that may arise when writing a will is whether it is possible to determine the amount of inheritance to be left to each person, although in our country there are limits in this regard.

-In Chile, this power is limited by law, The legitimate callings of each heir must be respected, which means that the part corresponding to one cannot be taken to improve another beyond the legal limits. . -explains Matthews- However, with regard to certain particular assets, it is possible to make bequests in specific cash or money to certain people called legatees.

Faced with the option of choosing who to inherit, the lawyer explains that it will depend if the person has compulsory heirs, i.e. children of the spouse or, failing that, of the parents .

-In case you do not have them, you can freely dispose of one hundred percent of your assets. However, if the deceased has compulsory heirs, he can benefit from each other by attributing to one of them the so-called improvement quarter and the universal quarter if he prefers it.

Therefore, given the scenario in which a person wishes determine the assets to bequeath to your heirs you can do it as long as the portions that correspond to each are respected which in practice can be complicated, except in the case of goods of similar value.

-If I own a house that is worth 50 million and land that has the same value -the illustrious lawyer- In this case, I have complete freedom to decide to whom I leave the house or the land.

–The problem would arise if the house costs 100 million and I have land that is worth 200 million In this case, if I assign the house to son 1 and the field to son 2, I would violate the legitimacy of son 1 by 50 million. In such cases if there is no agreement between the heirs to compensate the brother for the amount he misses, there will be a conflict and the mission could be challenged.

Continuing the scenario presented, the lawyer clarifies the following:

-You can always choose the goods when they have similar values ​​or the transferees of lower value are compensated by other goods which reach the value of the most favored. In the example above, the deceased could leave the house for 100 million to son 1 and the field to son 2, but I compensate son 1 by giving him a high-end vehicle worth the 50 million he misses. In this case, there would be no problem in the assignment that the testator makes.

Otherwise, if a person dies without leaving a will, the next of kin are called according to an order of succession determine the heirs, according to the following detail:

• First order: descendants of the deceased (sons or daughters) and himself or the surviving spouse or civil partner .
• Second order: the spouse or civil partner and the ancestors to the next degree (mother, father, grandmother or grandfather). If the person has no children, the spouse or PACS partner and their ascendants succeed. If the person had no ascendants to inherit, this corresponds only to the spouse or civil partner. In the absence of the latter, the ancestors inherit.
• Third command: siblings continue . If the person has no descendants, ancestry or surviving spouse or civil partner, he inherits brothers and/or sisters on the paternal and paternal side, or only on the paternal or paternal side. These inherit personally or represented by their children, i.e. nieces or nephews of the deceased person.
• Fourth order: In the absence of the parents mentioned above, they inherit the collateral relatives of the higher degree down to the sexual degree, like second cousins.
• Fifth order: If none of the inheritable persons are available, corresponds to the Treasury .