Specifications of wills

Types of wills in Colombia

In Colombia, there are two types of wills: open and closed.

The open will is executed by public deed, before three witnesses. In other words, its contents are of public record.
The closed will means it is kept secret, and five witnesses, along with the notary, attest to it. This ensures that the document provided (in a sealed envelope) contains the true will of the person executing it.

It is essential that the will states that it was made while the testator was of sound mind and that it reflects their voluntary decision to grant it.

At a minimum, a will must contain:

Full name of the testator (the person making the will)
Place of birth
Country of nationality
Whether or not the testator is a resident of the territory, and if so, their address
Their age
A statement confirming that they are of sound mind
The names of any persons with whom the testator has been married, the children born or legitimized in each marriage, and any non-marital children of the testator, specifying whether they are living or deceased
An inventory of all personal and real property, and the designation of the intended heirs
Place, day, month, and year of execution
Full name of the notary, if one attends
Signatures of the testator, witnesses, and notary

Requirements to make a will:

The testator must be of legal age to execute this document.
They must be of sound mind and mental clarity.
It must be drafted voluntarily by the testator.
The provisions of the will become legally effective upon the person's death.
During their lifetime, the testator may modify the will—either partially or entirely—as many times as they deem necessary.
Because it is a personal and non-delegable legal act, the testator cannot grant a power of attorney for someone else to make it on their behalf.
Mandatory legal allocations must be respected, even if they contradict the testator's personal wishes, such as support obligations owed to certain individuals, the marital portion, forced shares (legítimas), and the fourth of improvements (cuarta de mejoras).
The will may be open or closed.
A closed or open will must be executed before a Notary Public and in the presence of three or five witnesses, depending on the chosen type.

Individuals disqualified from executing this document:

It is important to keep in mind that there are circumstances under which certain individuals may be legally disqualified from making a will in Colombia. These legal restrictions address specific conditions affecting a person's legal capacity to dispose of or inherit assets through a will.

Below are the circumstances under which this disqualification applies: