Last Wills and Testaments in Costa Rica.
A will (testament) is a legal document that allows individuals to determine their assets’ distribution after death. Costa Rican law provides a structured framework for drafting valid wills, respecting the testator’s wishes while safeguarding heirs’ rights.
As a rule, the last will comprehensively cover all assets that belong to the testator at the moment of his death. These include properties, vehicles, shares, bank accounts, certificates, and other inmobiliary and mobiliary assets. Last wills and testaments are integral to estate planning in Costa Rica.
General Rules for Wills in Costa Rica:
Personal and Direct Execution:
Wills cannot be made through representatives.
Secret recommendations or conditions are invalid if unclear or unlawful.
Moral and Legal Capacity:
Testators must be mentally sound and legally capable when creating a will and at the opening of the succession.
Minors under 15 and those lacking full mental capacity cannot create a valid will.
Freedom to Dispose:
The testator may freely distribute their assets but must provide for dependent children, spouses, and parents.
Types of Wills in Costa Rica:
Open Will (Testamento Abierto)
Must be created and signed before a notary public and witnesses.
It can also be executed without a notary but requires additional witnesses (up to 6).
Requires formalities such as:
Date, time, and location.
Signature of the testator, notary, and witnesses.
The open will must be registered at the National Archives of Costa Rica, by the notary public.
It´s called an “open will”, because the will is done in a public scripture, thus it is a public document that anyone can see.
Closed Will (Testamento Cerrado)
Can be written by another person but must be signed by the testator.
Presented in a sealed envelope to a notary with witnesses.
Ensures confidentiality but must meet strict formalities of law.
Cannot be created by those who cannot read or write.
It is opened and validated by the court after the testator’s death.
Privileged Wills
Created under exceptional circumstances (e.g., war or maritime settings).
Requires fewer formalities and immediate execution.
Revocation of Wills and Testaments, and Protecting Family Rights:
Revocation:
A will can be freely revoked by creating a new will.
Partial revocation occurs when a newer will contradicts the first.
While testators enjoy freedom to distribute assets, Costa Rican law requires provisions for:
Minor children until adulthood.
Children with disabilities requiring lifelong support.
Dependent spouses and parents.
Final Considerations:
Creating a valid will in Costa Rica ensures your assets are distributed according to your wishes while complying with legal requirements. Working with experienced legal professionals ensures validity, protects family interests, and avoids disputes, whether you choose an open or closed will.
At CPG Legal, we help you create a legally sound will tailored to your unique situation. Please contact us today to make sure your legacy is secured.
Dr. Christopher Pirie Gil
Attorney at Law – CPG LEGAL.
