Ejercicio de apertura y publicación del testamento cerrado. Reforma

Abstract

The will is a legal act, celebrated with solemnity, by means of which one person disposes about the destiny of their goods after their death. The personal and real elements as well as the requirements determined by law take part in the will. All the testamentary dispositions are essentially revocable. In this case, we are dealing with the solemn sealed testament in which procedural law provides that in order to open and issue the sealed testament, the party interested in testamentary succession may ask the judge to order its display to the person who has it. This is contradictory with what substantive law provides as it states that the sealed testament must be given before a notary and five witnesses. In case this solemnity is not carried out, it may become null. For this reason, I propose a reform to item 334 of the General Organic Code for Proceedings, numeral 7: “Opening and issuing the solemn sealed testament”. And to substitute the second subsection of item 335: The judge shall rate the petition. If admitted, the judge shall dispose a citation of all the interested people.