Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Venezuela, also including its capital city Caracas, the law regarding Wills & Testaments is primarily regulated by the Civil Code. This legislation covers a wide range of topics, including the conditions for creating a valid will, types of wills, legal succession and the distribution of assets. The law recognizes two types of wills: public (open) and secret (closed). A person has the right to disinherit heirs for specific reasons provided by law and can also declare the unworthiness of the heir to inherit.
Creating a will can be complex and requires precise wording and structuring to ensure your wishes are followed after your demise. Without legal guidance, particular details can be overlooked, resulting in potential conflicts and legal disputes between your loved ones. Lawyers can also help in estate planning, asset distribution, reducing the tax burden, and also in dispute resolutions. If you're named as an executor in someone else's will, you might need legal help in managing the procedural obligations of the role.
The Venezuelan Civil Code stipulates that any individual over 18 and of sound mind can create a will. If the will is public, it must be drafted before a Notary Public and three competent witnesses. On the other hand, a secret will must be written and signed by the testator directly, or someone chosen by them and put in a closed envelope. The envelope then must be presented before a Notary Public and two competent witnesses. Another key aspect pertains to forced heirship, where a certain percentage of the estate must be left to certain family members regardless of the decedent’s wishes.
Yes, you can change your will as often as you desire. However, it's imperative to follow the legal formalities outlined in the Civil Code for a new will to be valid.
While not mandatory, having an executor can help ensure the proper execution of your will and the smooth distribution of your assets as per your wishes.
If you die intestate (without a will), Venezuela's succession laws dictate the distribution of your estate. This may not necessarily be in accordance with your desires.
As per Venezuelan law, witnesses to a will should not have a direct or indirect interest in the testator's estate. Hence, a beneficiary should not serve as a witness.
Yes, wills can be contested in court on the grounds of incapacity of the testator at the time of making the will, undue influence, or if the will was improperly executed.
For additional assistance or clarification, you can consult the following organizations: the Public Registry Office (Dependence of the Public Ministry), which holds all information regarding assets, and National Superintendent for Notaries and Registrations (SENIAT), which regulates notary related matters, is a useful resource. Your local Notary Public Office can also provide valuable insight on the matter.
If you find yourself in need of legal assistance, it is advisable to get in contact with a local attorney specializing in Wills & Testament Law to guarantee all your requirements are met, your wishes are executed, and your estate is appropriately distributed. It's recommended to prepare a list of your assets and another list with the details of the intended beneficiaries, to expedite the process. Always remember to review the will periodically and make necessary modifications as per changes in your life.
