Luis Prados Ramos



In recent times I have come across heirs, who when making the corresponding deeds of acceptance of inheritance, tell me that what was reflected in the will was not the authentic will of the testator, normally his father, mother or spouse.

It may happen that the person who made the will would not have made its content known to his future heirs and verbally would have told them something different from what he finally reflected, but it is also true that there are wills that generate problems, precisely when their The purpose is to avoid them, either due to lack of clarity or not using the legal figures that we have for their most characteristic purpose, always denoting incorrect advice.

I will put a series of examples taken from real life:

A will that says "I bequeath to X the shares of Banco de Santander" which means, those that are in a securities account at Banco de Santander? Or the shares of Banco de Santander that belonged to the testator?

A will that says "I bequeath to my son X the shares of company X that correspond to the hospitality business and I bequeath to my son Y the shares of the same company X that correspond to the fabric sale business. It is evident that the groups of shares of a company do not represent any business, so as this clause is executed, is it necessary to make a division of the company to execute the will or is it a clause that has no effect?

A will that says I bequeath to my wife the money deposited in bank X. Does it only refer to checking accounts and deposits or also to other financial products such as investment funds?

So how do you make a good will? Well, going back to the beginning, it is necessary, firstly, that the will conform to the real will of the testator, and secondly, it is convenient, that this will give satisfaction as much as possible to the interests put into play after the death of a person.

For this reason, in order to make a good will, it is essential to reflect deeply on what can happen when we are absent and to be advised by those with authentic knowledge and experience.

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