Some Remarks about Ordinary Wills

Abstract

In the case that a decedent bequeathed legal assets to be enforced after the death, a will must follow the legal form. Otherwise, such will shall be void. A common form of the will is an ordinary will under the Civil and Commercial Code section 1656. To make an ordinary will, ot must be made in writing, dated at the time of the making of the will and signed by the testator before at least two witnesses present at the same time who shall then and there sign their names certifying the signature of the testator. The witnesses shall not obtain incompatibilities according to the Civil and Commercial Code section 1670 as follow: persons not sui juris, persons of unsound mind or persons adjudged quasi-incompetent, or persons who are deaf or dumb or blind. Moreover, witnesses in a will or spouse cannot be legatee. However, even though a decedent willing to make a will without following a legal form may result in void but such will may complete if it obtains the elements of another form of the will.