Inheritance and Wills: A Comprehensive Guide
Inheritance
Definition
Inheritance is the process of acquiring the assets, rights, and obligations of a deceased person. It occurs either through a will (testate) or by operation of law (intestate).
Heirs and Legatees
An heir receives a universal title to the estate and is responsible for its burdens up to the value of the inherited property. A legatee receives specific items and is responsible only for burdens expressly imposed by the testator, with secondary liability to heirs. If the entire estate is distributed as legacies, legatees are considered heirs.
Wills (Testaments)
Definition
A will is a revocable legal document that allows a person to distribute their property, rights, and obligations after their death. It must be a personal, free, and voluntary act.
Testamentary Capacity
To create a valid will, individuals must have full understanding of the act and complete freedom to execute it. Those lacking these conditions are considered incapable. Minors under sixteen and those habitually or accidentally insane are also incapable. A will made by someone insane during a lucid interval is valid under specific conditions, including medical and judicial examination and notarization.
Capacity to Inherit
All inhabitants of the State have the capacity to inherit, but this can be lost due to lack of legal personality, criminal acts, or presumed undue influence on the testator.
Invalidity of Wills
Wills based on secret reports or statements are void. Wills made under violence, fraud, deceit, or threats are also invalid.
Types of Wills
Wills can be ordinary (public open, public closed, holographic) or special (private, military, maritime, or foreign).
Public Open Will
This will is created before a notary and three witnesses. The testator declares their wishes, the notary drafts the document, reads it aloud, and all parties sign.
Public Closed Will
This will is written by the testator or someone else on their behalf, signed, and sealed.
Holographic Will
This will is entirely handwritten and signed by the testator, including the date.
Private Will
This will is permitted in specific circumstances, such as imminent danger of death or lack of access to a notary.
Military Will
This will is for military personnel or civilians in military action and can be oral or written.
Maritime Will
This will is for those at sea and is created before two witnesses and the ship’s captain.
Foreign Will
Wills made in a foreign country are valid in the State if they comply with the laws of the country where they were granted.
Legitimate Succession (Intestacy)
Definition
Intestacy occurs when there is no valid will or when the will doesn’t cover all assets. The order of succession is: descendants, ascendants, surviving spouse or concubine, siblings, and finally, the State.
Acceptance and Repudiation of Inheritance
Those with free disposal of their property can accept or reject an inheritance. Acceptance can be express or tacit. Repudiation doesn’t prevent claiming legacies. Guardians accept or reject inheritances for minors or incapacitated individuals.
Property
Types of Property
Property can be real (land, buildings) or personal (movable items). It can also be public or private. Unclaimed property has an unknown owner. Vacant property has no known owner.
Ownership and Possession
Ownership is the right to control and enjoy a thing or right. Good faith possession is based on a valid title, while bad faith possession lacks such a title. Possessors have the presumption of ownership. Good faith possessors keep received fruits until their good faith is interrupted.
Expenses
Necessary expenses are those required by law or to prevent loss or deterioration. Useful expenses increase the value of the thing. Voluntary expenses are for ornament or pleasure.
Loss of Possession
Possession is lost by abandonment, transfer, court order, theft, owner’s claim, or expropriation.
Co-ownership
Co-ownership exists when a thing or right belongs to multiple people undividedly. It ends with division, destruction, or consolidation of ownership.
Animal Ownership
Animal ownership is confirmed by branding and registration.
Treasures
Treasures are hidden deposits of valuables with unknown origin.
Accession
Accession is the right to acquire what is produced by or incorporated into one’s property.
Family Heritage
Family heritage typically includes the family home and land. It’s established through a written declaration and can lapse under specific circumstances.
Usufruct
Usufruct is the right to enjoy property temporarily without altering its form. It ends with the usufructuary’s death, a deadline, fulfillment of a condition, merger of usufruct and ownership, or prescription.
Servitude
Servitude is a burden on one estate for the benefit of another. It can be continuous or discontinuous.