This procedure, which must be carried out at a notary office, serves to record your last will and clearly establish how you wish your assets to be distributed.
The first thing you should know when making a will is that, by law, 50% of your estate must go to your forced heirs—namely, your children, or in their absence, your parents or spouse. The remaining assets (50%) can be freely allocated to any individual or legal entity. This was established by Laws 1893 and 1934 of 2018, as previously only 25% was of free disposition.
The spouse is entitled to marital property rights (gananciales)—that is, the portion of assets they must receive after the marital community property is liquidated. However, they are not a forced heir, which means the testator is not required to include them in the mandatory portion of assets designated for heirs.
When drafting the will, the testator's personal details must be included (full name, national ID number, address, etc.), along with a complete inventory of their movable and immovable assets, and a formal expression of their will to complete the process.
A will falls into the category of acts without a determined monetary value. However, the fee typically increases depending on the number of pages the will contains.
