Q: is it better to leave a Will in Puerto Rico?
what are the pros and cons? There is real estate property and land that will be inherited by the children regardless if there is a will, but what would by the pitfalls of leaving a will versus not?
A:
First of all, real estate property in Puerto Rico is subject to the Rule of Law in Puerto Rico, regardless of whether a will exists or not. If you leave no will upon your death, a petition for a declaration of your heirs will need to be presented before the Puerto Rico courts, in the municipality where the real estate is located. In this scenario, the courts would declare as heirs with equal rights (a) your spouse and children; or (b) in the absence of a spouse and children, your parents; or (c) in the absence of the previous persons, your siblings. You would have no say in the matter.
By leaving a will in Puerto Rico, you can distribute half of your estate (called, the free disposition half) according to your preferences. For example, you can leave a greater participation to one or several children from the free disposition half, or leave a legacy to third parties. The Puerto Rico Civil Code also provides for specific situation whereby you (the testator) may disinherit any of your heir apparents, subject to you detailing in your will your reasons why.
The other half of your Will ("the legitimate half") would be equally distributed among your designated heirs. Leaving a will also speeds up the probate procedures, as under normal circumstances, the heirs would not be required to go before the courts, as occurs with probate processes in other states.
Furthermore, Puerto Rico Notary Law requires that, within 24 hours of your signing and subscribing your Will, it be notified to the Will Registry of the Office of Notary Inspections and the original Will would remain with the Notary who authorized the Will as a deed poll; which allows for subsequently issuing certified copies of the Will.
Be advised, by granting a Will in Puerto Rico, the only way to amend or revoke is by subscribing a subsequent Will in Puerto Rico, following the same steps as detailed above. Depending on the size and location of your entire estate, you could also opt for subscribing wills in different states or jurisdictions, limiting each will to the properties that you possess in each jurisdiction.
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