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In Antigua Guatemala, just like in the rest of the country, drafting a will and testament is a crucial process to ensure your possessions are managed based on your wishes after you pass away. The process is governed by the Civil Code of Guatemala and requires formalities to be valid and enforceable, such as being written by the testator themselves or being declared before a notary public.
Hiring a lawyer when drafting a will & testament is highly recommended. Because the law can be complicated and sometimes technical, legal professionals can help assure your testament represents your true intentions and is compliant with the law. Additionally, in situations involving large estates or complicated family situations (divorces, remarriages, stepchildren, etc.), a lawyer's guidance can be invaluable.
The principal legislation pertaining to will & testament in Antigua Guatemala is the Civil Code. The code specifies that any person over the age of eighteen and who is mentally competent can make a will. The testament must be written, dated, and signed by the testator in the presence of a notary. In cases where the testator is unable to write or sign, they can appoint someone to do so on their behalf. The testament can be revoked or modified at any time by the testator. It also becomes void if the testator has a child after the creation of the testament and the child is not considered in it.
Yes, you can write your own will, but it must be written, dated, and signed in the presence of a notary in order to be enforceable.
If you die intestate, meaning without leaving a valid will, your property will be divided among your closest relatives in accordance with the laws of intestacy outlined in the Civil Code of Guatemala.
While it is possible to exclude certain individuals from your will, there are restrictions. For example, you can't disinherit your children or spouse without valid reasons as outlined in the law.
Yes, you can change or revoke your will at any time as long as you are mentally competent.
Probate processes can vary in length, but typically, it takes between 6 months to a year. If there are disputes over the will, it can take longer.
You may find it helpful to refer to the Civil Code of Guatemala, specifically the sections relating to the "Law of Succession." Also, Guatemalan Ministry of Justice and the local Notary Association can be useful resources for understanding the legal formalities.
If you need legal assistance, it's advisable to find a lawyer specializing in wills and estate planning. Verify that they have a good understanding of the local laws in Antigua Guatemala. Ensure all conversations and agreements with your chosen lawyer are documented. Keep a personal copy of all documents related to your will for your records.
