Wills (Last Will and Testament)

What Is a Will?

A will is a document that defines and specifies a person’s direct wishes regarding their property and the care of their minor children or dependents after their passing.

Who Needs a Will?

It is a common misconception that only the very wealthy or those with a lot of property or assets need wills. However, there are many reasons why having a will is a good idea. By having a Will you can:

• Define and specify who gets (or doesn’t get) your property and assets. You can decide who gets what and how much. (Subject to the Puerto Rico Inheritance Law and its requirements.)
• You can identify who should care for your children in your absence. Without a will, the court will decide.
• Your heirs will have a faster and easier time getting access to your assets.
• You can plan to save your estate money on taxes. You can also give gifts and charitable donations, which can help offset the estate tax.

If you live in the states and wish to draft a Will that is valid in Puerto Rico, it’s important to know what legal and formal requirements your Will needs to meet. For this, it is essential to consult an experienced inheritance lawyer that can guide you through the formalities of the actual document, as well as through the boundaries to its content. For example, when it comes to inheritance and the validity of a Will in Puerto Rico, the applicable law is defined by the Civil Code of Puerto Rico. The Civil Code of Puerto Rico was recently amended in November, 2020. Depending on when the testator dies, the provisions of the old or new Civil Code will apply. These provisions contained in the Civil Code of Puerto Rico will regulate a testator’s capacity to choose how to distribute their property on his/her Will. According to the new Civil Code, any Will needs to honor the portion reserved for forced heirs which is reduced to 50%. This 50% of the estate is equally split among forced heirs and the other 50% is available to be distributed to whoever the testator wishes (free disposition).

What Happens to Someone’s Property and Children (Dependents) If They Pass Without a Will?

In the absence of a Will, the estate is still distributed equally among forced heirs, yet it would be through a judge’s ruling as a result of a judicial process known as a Declaration of Heirs or “Declaratoria de Herederos”.

The Declaration of Heirs starts with a petition done before the court in Puerto Rico by one of the heirs. It is filed under oath. This petition requires the presentation of certain documents in order to minimize the possibility of fraud or the possibility of an heir being excluded. Once the full petition and all the annexed documents are reviewed by the court, the judge issues a resolution which clearly states who is the person who passed away, who are the heirs; and this resolution is the one that is used to liquidate and distribute the estate.

In any case regarding the drafting, validation or execution of a Will in Puerto Rico, and guaranteeing the validity of each of these processes, Puerto Rico Lawyers can help you. Contact us to learn more about our services and how we can help you so you and your family can have the peace of mind you want and deserve.