Good succession planning is necessary to avoid problems for our heirs, so before signing any deed of disposition mortis causa (will, succession agreement), we advise you to advise yourself correctly.
We have two instruments to grant our last will, the most common being the will. The will allows us to write down our will and distribute our property to whomever we wish, it is necessary to express the will in a clear way to avoid problems of interpretation. There are several types of wills:
- the notary, which can be open (most used) or closed, here you must take care to comply with all formalities to be valid.
- the holograph, must be written and signed in autograph by the testator with the indication of the place and date of the award. After the death of the testator, it is necessary to be warned and recorded, as regulated in current legislation. In this case you also have to be very careful about the formalities and deadlines.
There are other instruments such as succession pacts, which is a more complex figure. A detailed study is needed to assess what is most appropriate in each specific case.
When drafting a will, it is necessary to determine whether or not we leave the legitimate one to the children, to appoint at least one heir, to establish legacies, that is to say, to leave concrete goods to concrete people, to foresee substitutions in case of premorence or resignation of the heirs or legatees and appoint guardian and estate administrator of minor children.
We make a personalized study, proposing the different possible options and adapting the final wording to the needs of each case.