Guillermo Cruz Arana, specialist in wills: 'The ideal is to leave a property with deeds, but that is not enough'
Guillermo Cruz Arana discusses the complexities of inheritances and the importance of ensuring that properties are properly documented in wills.
In a recent interview, Guillermo Cruz Arana, a lawyer from Cruz Arana & Asociados, emphasized the importance of proper documentation in wills concerning property inheritance. He highlighted that while notaries are generally non-restrictive about what can be included in a will, the lack of proper verification can lead to complications during the inheritance process. This is particularly critical as a missing detail can encourage further legal disputes, complicating the succession process for heirs.
Cruz Arana pointed out that it is unusual for notaries to verify ownership of the properties and assets declared in a will. The responsibility lies primarily with the individuals drafting their wills to declare their properties accurately. As he explained, the role of the notary is primarily to affirm the individual's intentions regarding their assets without necessarily confirming ownership, leading to potential challenges if the documentation is flawed.
The expert advises that the optimal scenario involves ensuring that all properties listed in a will are well-documented and in order. This precautionary measure can help minimize subsequent disputes among heirs, as proper documentation establishes clear ownership and can help streamline the legal process of succession. Thus, while creating a will is essential, so is the thorough preparation and verification of the documentation pertaining to inherited properties.