West Palm Beach, FL asked in Estate Planning for Puerto Rico

Q: Can a notary in Puerto Rico write up a will or does it have to be done by an attorney?

Related Topics:
2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL

A: Was it a notary public or a civil law notary? Apparently Puerto Rico, although a U.S. possession, does have civil law notaries, who can write wills.

But the important question is whether the will is effective. You have posted this question in the Florida law section, so I am assuming you want to know if the will can be admitted to probate in Florida. If it was executed with the formalities required of wills in Florida, yes, it probably can.

Robert A. Velez-Montes
Robert A. Velez-Montes
Answered
  • Guayama, PR
  • Licensed in Puerto Rico

A: In Puerto Rico we have Civil Law notary system. All notaries in PR must be attorneys first. An attorney that does not have a notary license can not make a will. Also a will in PR have very strict and specific formalities necessary to be valid (for example we have "forced heirship") not existent in the States (with exception, to some extend, Louisiana, who also has a Civil Law system).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.