My grandmother died in 2010. Before her death, she has appointed my father to receive her inheritance. My grandmother has invited two witnesses recorded and signed. My aunt is holding this testament which was not notarized authenticated.
Currently, my uncles and aunt sue to divide such property. Is my grandmother’s testament lawful? If so what’s procedure paperwork we need to guarantee the rights of my father?
The testament of your grandmother leaving in this case is an oral testament prescribed by Article 651.1 Civil Code 2005.
“1. In cases where a human life is threatened by a disease or other causes, which prevent him/her from making a written testament, he/she may make an oral testament.”
Under Article 652.5 Civil Code 2005, in your case, oral testament is unlawful because it not be notarized or authenticated within 5 days as from the date the oral testator expresses her last will.
“5. An oral testament shall be considered lawful if the oral testator expresses his/her last will before at least two witnesses and immediately after that the witnesses write such down and jointly sign or press their fingerprints. Within five days as from the date the oral testator expresses his/her last will, the testament must be notarized or authenticated.”
Therefore, for the case of the testament is unlawful, the heritages shall be divided according to law provision under Article 685 Civil Code.