Tecnològic 
What is a Will?
is an act whereby a person (the testator) provides that all or part of their property be inherited by others after death.
Under the law, there are several types of wills:
Testament solemn is the most widely used. Must be written and executed before witnesses over 18 years. The solemn will be open or closed. In the first, the testator will report its a notary and witnesses. In the second case, the testator has the notary and three witnesses a deed closed, loudly declaring that it contains his last will. Testament
less solemn formalities can be ignored that the law usually requires the presence of a notary. This type of will is usually given in cases where the testator's life is in imminent danger. There are three types of wills less formal, verbal, military and maritime. The latter two occur only in case of war.
How do you make a will?
must first decide whether to make a solemn will open or closed. Less formal wills are only in very rare or exceptional.
solemn Testament open: should go to a notary with three witnesses over 18 years, or to call five witnesses, without the notary. Can dictate his will to a notary or have it written that you read it aloud to the witnesses. In the will must state the name, age, address and nationality of the testator, details of their marriages and all their children, the statement of being in full possession of his faculties and the names and addresses of witnesses. The document should be signed by the testator, the notary and witnesses.
solemn Testament closed: the document must be written and signed by the testator and be in a sealed envelope. The envelope should be the data and signatures of the testator, the notary and three witnesses. The testator must say, out loud, which is contained in over his will.
verbal Testament: the law permitted only if there is no time to make a solemn will. Is made orally before at least three witnesses over 18 who can read and write. 30 days after the testator's death, put it in writing. Anyone interested in the estate may go to an individual judge, who must locate witnesses and take statements about the will that said the deceased and under what conditions did. The oral testament longer have value if this formality is not fulfilled in due time or if the testator dies after 30 days of having expressed their will.
Who I can leave my property?
In Chile wills are restricted. The law obliges the testator to make some forced shares to certain people, which governs whether or not a will involved.
mandatory
These assignments include, first, half of the property, where they are forced food (food to sustain a child, for example) and legitimate heirs allowances as a spouse, descendants or ascendants (parents and grandparents) and on the other hand, the fourth of improvements, which the testator can improve market share certain heirs.
Then the testator can only dispose of half their property. This half is composed of a quarter-called "fourth best", which can increase the benefits of their spouse, children or parents, and another quarter called "unrestricted", which itself can be left free to anyone.
In summary, 50% of the property goes to heirs, 25% goes to improve some of those served by the first half and the other 25%, to whom the testator wishes.
Who are the heirs?
People who succeed the deceased in their assets and liabilities according to the following order of succession, from highest to lowest right:
First order: the children and the spouse who survives him (husband or wife). In the case of a deceased child of the testator, instead inherit his sons, ie, the grandchildren of the deceased.
second order, if no descendants, inherit their parents or other ascendants nearest and the spouse who survives him. In case of missing the parent and the surviving spouse, heirs are the grandparents who are alive. In case you are killed all the grandparents, great-grandparents are living heirs.
Third order: missing earlier, the brothers inherited, whether by the father and mother, or only one of them. In case you are one of the brothers died, instead inherit the children of the deceased brother.
Fourth order: in case of missing all previous derecholos blood relatives have descended from a common trunk, without parents or children together. The nearest degree relatives excluded to the furthest. First are the guys. In the absence of any merry, cousins \u200b\u200binherit the deceased. Does
will only serve to convey real?
No, you can also make statements, such as naming a guardian for your children or recognize a child nonmarital.
What is the difference between inheritance and legacy?
inheritance corresponds to all or part of the estate of the testator. The legacy is more in private goods, concrete and specific such as a car or a work of art.
Who can not make a will?
The woman under twelve years and the male under fourteen years of age, because by law, are absolutely incapable.
People are not in his senses for drunkenness or other cause.
The madman private property management, who is designated a legal representative.
Those who can not express clearly will.
Can you revoke a will?
Yes, it is revocable during the lifetime of the testator. Just make it a new one. However, it is advisable to include a clause where it is clear that the earlier document is null.
Can she have to commission a third party to make a will?
No, it is an act of one person. Consequently, joint wills are invalid or groups as well as the ability to test through an agent or representative. The girl who has completed twelve years and the man who has reached fourteen years may test freely and without authorization.
How is enforced a will?
The testator may be designated by an executor or the executor, who is in charge of enforcing what the will says.
After the death of the testator, the executor must inform the heirs that there is a will and that is the last will of the individual. Then he will make representations to the court for what the will says about material goods is incorporated into actual possession.
If the testator has not appointed an executor, any heir can execute a will asking the courts actual possession, with the advice of an attorney.
Is it necessary always have a notary to make a will?
No, the law recognizes a type of will called a less formal, where you can omit some formalities as the presence of a notary. However, this can only occur in extraordinary situations, as when the testator's life is in imminent danger.
Do I need to always have a lawyer to enforce a will?
Yes, to do management in the courts.
Where can consult a will?
In the Civil Registry and Identification Service. They have a National Register of Wills where you can view the date, name and RUN the testator, in addition Testament class. Only such data can be accessed by the public, the content can not be revealed.
Can one inherit property without a will?
Yes, the Civil Code, Book III (Art. 980 to 998) provides rules for intestate succession (no will) to which end the heirs should begin the process of actual possession to the Civil Registration Service.
What laws govern wills?
Civil Code, through provisions in its Book III (Art. 951 to 1436) and Law No. 19,903 on possession of the inheritance.
