Testamentary succession

1. Wills

a. CONCEPT

1) Last will and testament

A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death. (Article 783, Ibid.)

2) Personal act

The making of a will is a strictly personal act; it cannot be left in whole or in part of the discretion of a third person, or accomplished through the instrumentality of an agent or attorney.(Article 784, Ibid.)

3) Duration or efficacy

The duration or efficacy of the designation of heirs, devisees or legatees, or the determination of the portions which they are to take, when referred to by name, cannot be left to the discretion of a third person. (Article 785, Ibid.)

4) Entrustment to third person

The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes, and also the designation of the persons, institutions or establishments to which such property or sums are to be given or applied. (Article 786, Ibid.)

The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. (Article 787, Ibid.)

5) Rules of interpretation

a) Different interpretations

If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be ...