The power to make a will cannot be delegated; in other words, it cannot be transferred to a third party.
- The spouse is entitled to marital property gains (gananciales)—that is, the share of assets to be received once the marital partnership is liquidated. However, the spouse is not a forced heir (heredero legitimario), which means the testator is not obligated to include them in the portion of the estate that must legally be granted to mandatory heirs.
- Please note that the spouse is not a forced heir; however, when there are no children, the spouse inherits alongside the parents, and if there are no surviving parents, alongside the siblings. This situation mostly arises in intestate successions, where there is no will.
- Within the probate and succession process, the deceased's estate is divided into the following portions:
- Strict forced share (Legítima rigurosa): the portion of the assets that legally belongs to the forced heirs (children/parents) by statutory mandate. The testator cannot assign this portion to anyone who does not hold this legal status.
- Betterment fourth (Cuarta de mejoras): the portion of the estate through which the testator may increase the share allocated to one or more descendants, to the exclusion of others. This portion may only be granted to direct descendants—that is, children.
- Freely disposable fourth (Cuarta de libre disposición): the portion of the assets that the testator can freely dispose of, meaning it can be bequeathed to anyone they choose.
- All testamentary provisions can be revoked—that is, modified in whole or in part by the testator as many times as desired. To do so, it will be necessary to appear before a notary public.
- A will will not be valid if it is executed without complying with the legal formalities established by law. For example, when it is executed without the required number of witnesses.
- A will will be null and void when executed by someone legally incompetent to make a will. For example: an individual declared legally incapacitated (interdicted), minors, and foreign nationals not domiciled in the country.
- When a will does not grant forced heirs (children, parents) what is legally due to them, they may pursue an "action for will modification" (acción de reforma del testamento) to protect and enforce their legal rights. A modification of the will may also be requested by the surviving spouse to obtain the statutory marital share (porción conyugal)—the portion of the deceased's assets allocated to a spouse who lacks the necessary means for subsistence.
