Will and Testament

Introduction

Interestingly enough, if you ask the average Costa Rican if they have a will and testament they will tell you that they do not. Most do not have a will and testament, perhaps thinking they have very little that other family members would be interested in or they feel that the law will simply take care of their family. In any case, Costa Rican families are very large and I can only imagine the family fueds if there were something to fight about.

As a foreigner living in Costa Rica you should consider this option for any and all property and bank accounts you leave behind. It is also nice to leave your last wishes as these international cases can become complex.

Of course you will need to consult a lawyer about making up a will and testament.Actually, A will in the United States may cost from several hundred to some thousands of dollars if prepared by a lawyer, whereas a will in Costa Rica prepared by a notary is much less expensive. When you talk to a lawyer the words they use may seem so foreign that you do not understand what you are getting into. So below is a very direct and simple way to understand wills a little more.

You will notice that some wills are very lenghty and detailled, while others barely have anything and can be less than a page long. The extensiveness of your will depends on you, your wants, your last wishes, and your personal needs. Obvisously, this will depend on the number of assets you have and if you have them only here in Costa Rica or all over the world.

There are a few guidelines for will writing:

• Children under 15 years of age cannot write a will.
• The mentally ill are not able to write a will.
• Beneficiaries of a will must be over the age of 18 at the time of the person's death.
• The physically ill may not name their caretakers in there will at the time of their death or just before.
• A man may not leave anything to his mistress since he has committed adultry.

The process usually only gets complicated when their are minors involved or family members that really want something another family memeber wants. If minors are involved be sure to appoint a responsible trusted adult to look out for their best interests. If there are disagreements both sides will have to hire a lawyer and go through the dispute process which is lengthy and costly so very infrequently is this done. Disputes are usually only over large property and very sentimental items.

It is important to note that when properties go unclaimed for 10 years because the deceased expat’s family in the U.S. is unaware of the assets held in Costa Rica, lurking and patient neighbors may move in little by little and start claiming ownership over the land.

Although there are many types of wills and testaments that exist we are going to zero in on just a couple which are the most common.  For other circumtances and special cases, it is always best to consult a lawyer.

Open

The safest, most used and official, since it is recorded in the Costa Rican national archive.  It is available when needed and safe from any suspicious activity. An open will is a great option because it lets everyone know how you plan to divy up your assests and leaves littel roo for discussion.

An open will is hand written and signed by a public notary and by yourself in the presence of three witnesses who also sign. If you want to write your will in another language other than Spanish you will have to select two seperate translators to dictate it to the notary in order to make sure there is no confusion or miscommunication. Like with many legal processes in Costa Rica the will includes:

• The exact date, time, hour and place the writing and signing took place.
• It must be read aloud by teh notary to the person requesting the will and his/her witnesses.
• Directions on what to do and how to distribute your current assets.
• Directions on how to distibute future assets that one may acquire.
• Signatures of the notary, the person requesting the will, and the witnesses.
• This information will be recorded in the protocol book of the notary and also at the National Public Registry.

Closed

Depending on your assets and your wishes you may opt for a closed will. This can be good in cases where you do not wish for you assets to be made public knowlegde for whatever reason. This type of will remains secret until the time of your death.  You alone complete it in your own handwritting  personally, and then sign it.

After that you place it in a sealed envelope and take it to a notary. Then in the presence of three witnesses the notary will make a notation in his/her protocol legal book, but one that does not reveal your assets.  This notation only decalres that your envelope was given to him/her with the exact date, time, and place. Then the envelope is then safely stored by the notary with the number of his protocol entry on it so it can be found and identified later at the time of your death. Under no circumstances should this envelope be opened before the time of your death.

This option is a little more private, but at the same time a little less safe. Imagine that the lawyer is not so trustworthy and can forge signatures and change the will. In this case the lawyer can give himself a portion of the assets through corporations and such in an indirect manner.  Only by the remaining family memebers contesting this and an official drawn out investigation could the decisions be overturned. Also, if the lawyers office burns down or is robbed your will can be lost or in the hands of a criminal who can then invent other scams. There have been cases of fraud with closed wills, which is why open wills are prefered.