WHEN MAY AN ORAL WILL BE MADE?

The written will is the official form of will because of its clarity and transparency. The will must be made in writing and only when it is not possible to make a will in writing, may it be made orally. Current law requires that the oral will must meet all conditions to ensure that it is recorded accurately, validly and reliably.

1. Who has the right to make a will?

Adults have the right to make a will to dispose of their assets, provided that the testator is lucid and wise while making the will; not be deceived, threatened or coerced. In addition, people from 15 years old to under 18 years old can make a will, if their father, mother or guardian agrees to make a will.

2. When may an oral will be made?

An oral will may be made when it is impossible for a written will. Specifically, in cases where a person’s life is threatened by death and a written will cannot be made, an oral will can be made. However, an oral will is automatically invalidated if after 3 months from the time of the oral will the testator is still alive, alert and clear-headed.

3. How is an oral will considered to be lawful?

An oral will is determined to be legal when all of the following conditions are met:

– The testator was of sound mind when he or she made the will; and he or she was not deceived, threatened or coerced into making the will.

– The contents of the will are not contrary to law or social morals and the will complies with legal formalities.

– the testator orally expressed his or her last wishes before at least two witnesses who immediately thereafter recorded those wishes in writing and signed or fingerprinted the document. Such will must be notarized or certified within five working days of the date on which the testator orally expressed his or her last wishes.

4. What rights does the testator have?

A testator has the following rights:

– Appoint heirs or to deprive an heir of the right to inherit the estate;

–  Determine those parts of the estate which each heir is entitled to;

– Reserve part of the estate as a gift or for worship purposes;

– Designate heirs to perform obligations;

– Appoint a custodian of the will, an administrator of the estate, and a distributor of the estate.