Will Drafting in Guatemala: How to Plan Your Estate

## What is a will? A will is the legal act through which a person (the testator) determines how their assets will be distributed after their death. In Guatemala, wills are regulated by the **Civil Code (Decree-Law 106)**, specifically articles 927 to 980. Making a will is one of the most important acts to protect your family and prevent conflicts among heirs. It allows you to decide who receives what, appoint an executor (the person in charge of carrying out your wishes), and protect the people you choose. --- ## Types of wills in Guatemala ### 1. Open will (most common) Done before an **authorized notary**, who drafts the will in a public deed. The testator declares their wishes before the notary and witnesses. This is the most recommended type because: - It offers legal certainty - The notary verifies the testator's mental capacity - It is registered in the **General Property Registry** - It is easy to locate after death ### 2. Closed will The testator writes their wishes in a private document and delivers it to the notary in a sealed envelope, in the presence of witnesses. The notary does not know the contents. Used when the testator wishes to maintain confidentiality. ### 3. Special wills Allowed in specific circumstances (military in campaign, sailors at sea, persons in places with no notary). They have specific requirements and validity periods. --- ## Who are the forced heirs? The Civil Code establishes that certain relatives are entitled to a portion of the inheritance that the testator cannot freely dispose of. These are the **forced heirs**: 1. **Descendants:** Children, grandchildren (highest priority) 2. **Ascendants:** Parents, grandparents (if no descendants) 3. **Spouse:** Husband or wife (if no descendants or ascendants) The **legitime** (reserved portion) depends on the number of forced heirs: - With 1 forced heir: 1/3 of the estate - With 2 forced heirs: 1/2 of the estate - With 3 or more forced heirs: 2/3 of the estate The **free portion** (what the testator can distribute freely) is the remainder of the estate. --- ## Step-by-step to make a will ### Step 1: Inventory your assets Make a list of all your assets: real estate, vehicles, bank accounts, investments, shares, intellectual property, etc. This will help you decide how to distribute them. ### Step 2: Decide on heirs Determine who your heirs will be and what each one will receive. Remember to respect the legitime of forced heirs. ### Step 3: Appoint an executor The executor is the person in charge of carrying out your will. They should be someone you trust. Their duties include: - Ensuring your wishes are fulfilled - Paying the estate's debts - Distributing assets to heirs - Representing the estate ### Step 4: Go to a notary An **authorized notary** will draft your will in a public deed. The notary: - Verifies your identity (DPI) - Confirms you are in full mental capacity - Drafts your wishes in appropriate legal language - Requires the presence of witnesses (generally 3) ### Step 5: Registration The will is registered in the **General Property Registry** so it can be located after death. --- ## Documents you will need - Copy of your Personal Identification Document (DPI) - Property deeds (if you have real estate) - Vehicle documents (registration cards) - Bank account and investment information - Complete details of heirs (names, DPI, addresses) - Details of the designated executor --- ## Authorities involved | Authority | Role | |---|---| | Authorized notary | Drafts and authorizes the will | | General Property Registry | Registers the will | | Family Courts | In case of will contestation | --- ## Estimated costs - **Notary fees:** Vary by complexity (generally Q2,000 to Q8,000) - **Registry fees:** Approximately Q50 to Q200 --- ## Legal basis - **Civil Code** (Decree-Law 106), articles 927-980 (wills), 1000-1100 (succession) - Available at: www.congreso.gob.gt *This article is informational and does not constitute legal advice.*