Wills

We want you to stay up to date! Here you may consult everything you need to know about wills before requesting it from the Third Notary of Montería.

> What is it?
> Requirements
> Frequently Asked Questions

What is a will?

It is a legal act that while living, expresses a person’s will with respect to the destination of their assets when they die. According to article 1055 of the Colombian civil code, the person making the will may modify it as many times as they desire while alive.

Requirements

Solemn Will:

  • National ID card.
  • If it is open, 3 witnesses, no relatives nor dependent workers.
  • If it is closed, 6 witnesses, no relatives nor dependent workers.

Privileged Will:

  • National ID card.

Frequently Asked Questions

How many types of wills are there?

There are two types of wills: the solemn will, which may be open or closed depending on whether or not it is public or private, and it is done in the presence of the notary with 3 or 5 witnesses respectively; the seconds one is called less solemn or privileged (verbal will, military or maritime).

What does a solemn open will consist of?

It is a will in which a person lets witnesses know about their decisions about their assets and the notary public too, while it is being made. When this type of will is made, it requires the presence of the testator, the notary public the person who reads the will out loud and the 3 witnesses.

What does a closed solemn will consist of?

This is a document that remains hidden or secret from the witnesses or the notary themselves, it is handed over in a sealed envelope, signed and sealed; declaring along a public deed that the envelope contains the text about their last will and testament. The notary keeps it and it remains in their custody. It may be of a “verbal, military or maritime” nature. When this type of will is made, it requires the presence of the testator, the notary public the person who reads the will out loud and the 5 witnesses.

Who can participate as witnesses?

The witnesses chosen by the person making their own will with the notary, they may not be dependent workers or relatives of both the person who’s will is being written and the notary.