Creating a will is one of the most important decisions anyone can make, as it is a legal document that establishes how a person’s assets will be distributed after his or her death. Although some people may think that making a will is unpleasant or uncomfortable, the reality is that anyone who has assets in their name should consider making one, regardless of their age or economic position.

In Costa Rica, there are two main ways to make a will:

1. Open Will: This is the most common type of will in Costa Rica. In this type of will, the testator makes his or her last will and testament before a public notary and two witnesses. The public notary is in charge of attesting to the act and giving legal validity to the document. After the testator dies, the will is presented before a judge who validates it and orders its compliance.
2. Closed Will: In a closed will, the testator writes his or her last will and testament and presents it in a sealed envelope to a public notary. The public notary attests that the envelope was delivered by the testator and keeps it in his or her possession. After the testator dies, the envelope is opened by a judge in the presence of the notary public and two witnesses.

It’s important to note that both ways of making a will must comply with certain legal requirements and that is why it is very important to seek the advice of a lawyer and notary to ensure that the will is made correctly and complies with Costa Rican law.

If you have minor children, making a will is essential. This allows you to name a guardian for your children in case you and the other parent die before the children reach the age of majority. If you do not have a will, a judge will decide who will be the guardian of your children, which may not be to their liking.

Some reasons why it is so important to prepare and creating a will are as follows:

• Controlling the distribution of your assets: If you do not make a will, your assets can be distributed according to Costa Rican inheritance laws, which means that you have no control over who receives what, on the contrary, by making one, it is a way to make sure that your assets are distributed according to your last will and testament.
• Avoid conflicts: Without a clear and well-drafted will, your family members may end up arguing and fighting over your assets. This can cause a lot of emotional pain and can cause family relationships to deteriorate. A well-drafted will can help avoid these conflicts and ensure that your loved ones feel cared for after your passing.
• Protecting your children: If you have minor children, making a will is essential. This allows you to name a guardian for your children in case you and the other parent die before the children reach the age of majority. If you do not have a will, a judge will decide who will be the guardian of your children, which may not be to their liking.
• Reducing the cost and time of the succession process: If a clear will is made, the succession process will be much easier and less costly for your loved ones, otherwise, the process can be complicated, costly and time consuming.
• Protecting your business: If you have a business, a will can help protect it after your death. You can name a successor and ensure that your business stays in operation after you have passed away and continues to generate profits for your loved ones.

In summary, creating a will is of utmost importance for anyone who own assets, regardless of the amount. A clear and concise will can help ensure the well-being of your loved ones after your death, avoid conflicts among your family, protect your minor and adult children, and reduce costs and time in the succession process.

If you are a person who has assets in your name and are interested in creating a will, at ERP Lawyers we have a team of lawyers and notaries specialized in this matter, do not hesitate to contact us by e-mail at info@erplawyers.com