A will is a legal act by which a person, called a testator, expresses his will by deciding the distribution of his assets after his death. Thus, the set of assets that are distributed through a will is called an inheritance and the people who receive these assets are known as heirs. Making a will is something that everyone should consider at some point in their life, especially if they want to make sure their last will is legally enforced.
The will is a document that, although it is not mandatory, is highly advisable to avoid conflicts between potential heirs. If a person dies without making a will (also called an intestate), the law will determine the heirs.
It is an act characterized by being unilateral, free (not carried out under duress or threats) and revocable (since a later will annuls the previous will and only the last one that has been made will be valid).
It is also important to know that not just anyone can testify. As a general rule, any person over 14 years of age who is in good judgment, that is, is not mentally incapacitated, can be a testator.
Finally, there are two types of will called common and special. The most common is the common will, which in turn is divided into open, closed and holographic. The testator may freely choose the type of will he wishes to make.
The open will is the most used and is carried out by expressing the last will before the notary. On the contrary, the closed will consists of delivering a sheet or document to the notary without having to reveal your will. Finally, the holographic will is the one that is drawn up, dated and signed by the testator himself and that will later have to be presented before a notary public.