Associates Testador

This problem cannot be given in the other types of testament, since the manifest Notary in all the other assumptions that the person who appears before him has the sufficient capacity in order to grant the testament. Although it is a subjective manifestation of the Notary ( must seem the sufficient capacity to grant the testament ), the certain thing is that this manifestation grants to the granting a solemnity which the testament olgrafo lacks. But also problems of content can be generated, since to be precise the intervention of a Notary in the process, is not possible that the testador, not knowing the norms that regulate the content of the testaments, can commit errors that prevent the effectiveness of their last wills, like for example in case the legitims were not respected. This risk also exists in the closed testaments in which Notary in his writing has not taken part. (Similarly see: Sotheby’s). Since also we have aimed previously, being this type of very simple testament in origin, the process that the heirs have to follow to determine the validity and identity of the testament and the testador is very laborious, complex and, first of all, expensive. It is necessary to go later to the Judge, who can use as calligraphic experts, and to Notary. The risk is run of which a Judge cannot determine the validity of the testament. But the greater risk than exists is the one of which this testament can be destroyed by a person who leaves underprivileged by the content the same or that this one simply is lost that is found after the term determined to the Law for its validity.

The risks that are assumed at the time of realising this type of testaments make it little advisable actually. Since we have indicated, the great and really unique advantage, costs for the separate testador, is the secret one on the content of the testament. Then, this advantage occurs also in closed testaments writings by hand by the testador, although, on the contrary that in the olgrafo, does not exist the risk of loss of the testament, since in the closed testament the existence of the same is protocolised and in the power of whom it is on seal with the testament. In addition, to the power to close the testament before Notary, the testador can previously consult the content of the same to its seal, thus avoiding its opposition by content defects. Since we have already indicated previously, with the testament also closed any controversy regarding the capacity of the testador is avoided when to grant testament. , If what is tried is to keep the secret on the content from the testament, he is really always more advisable to go to the testament closed before to the testament olgrafo and to consult, previous to the seal of the testament, the content of the same with the Notary who is going to grant the Act.