Testamentos / Sucesiones / Sucesiones en Costa Rica

An authentic will is necessary to make sure that your assets are distributed in the right manner. Costa Rican laws regarding to wills require through procedure that needs to be followed. A will should be drafted according to the rules set forward by the authority in Costa Rica. This will enable an appointed candidate to put into the action the contents of the will after the demise of the person for whom the will is prepared. A Notarized will is the most common type that is used in the country. There are a few conditions that have to be fulfilled for the preparation of this document.

A lawyer is required for the drafting of this will which has to be signed by three witnesses in front of the Notary Public. This will is has to be prepared in the Spanish language. Two witnesses that can read Spanish have to sign on the document if you do not understand Spanish. The Notary Public is optional if the will is written by hand by the testator and has the signatures of a minimum of four witnesses. The signatures of six witnesses will be required if the will has not been written by hand.

Estate planning is necessary if you want to ensure the safety of the people you care about after you are gone. The local Civil Code has to be followed in order to make the necessary arrangements related to this subject in the Costa Rica. All the assets have to be carefully assessed that means separation of the local and overseas assets. Using the services of a local lawyer is the ideal way to go to get a clear picture of the procedures of estate planning in Costa Rica.

The legalities of a Costa Rican will are completely different so it is not wise to use common Law regulations that will not work in this country. Several steps should be kept in mind to make the task easier. The specified property should be assessed and have it recognized by local court by means of a judgment from the probate court. The issuing court should be used to get the judgment certified for validity. Take the certified judgment to the nearby Costa Rican consul in order to get it authenticated. Next step is to convert it into the Spanish language and authenticate it with the power of the Foreign relations Ministry.

The process of Exequatur has to be then put into place with the help of a lawyer. The lawyer will send an application to the First chamber of Supreme Court of Justice for getting recognition of the foreign judgment. There are a lot of unexpected delays that may hinder the entire process. Such a lengthy and complicated process needs to complete with the full legal information. Getting a lawyer to simplify this process is the only way to get it handled. Some problems that commonly arise are lack of sufficient witnesses which can be easily taken care of by the lawyer that you hire.