Will Making

FredBlogs

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Jun 18, 2009
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Sir

I would like to make a will here in the DR to benefit my family in the UK when the time comes.

What would be the procedure to make it legally binding to my bank etc. here to release my funds to relatives in the event of my demise?

Would it need to be bilingual, for instance?

Thank you.

FB.
 

21yearsinDR

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It is actually very important to make a will in this country to avoid future problems. It is not enough to be married for example, like in most countries in Europe.
I recommend you a lawyer for that purpose. They have some weird laws here and as far as I know a will has to be a hand written document in Spanish ( with witnesses), so the best is to have a lawyer do it.
I don?t know where you are on the Island , but we had a Lawyer in Puerto Plata do ours - it was Argentina Brugal and she has experience in those matters.
 

caribmike

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If I remember correctly their office was in Plaza Turisol.

Oficina Argentina Brugal
(809) 586-4736
Carr Luper?n
Puerto Plata, DR
 

Ken

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Jan 1, 2002
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FredBlogs, this has been discussed before and we have gotten input on the subject from Fabio Guzman, the lawyer who answers questions of a legal nature.

It is not necessary that the will be made here. If it is legal in your country, it will be legal here. You won't avoid the taxes collected by this government on whatever property you have here, but otherwise the will is valid here.

Before he retired to write, Fabio was my lawyer. And what I am telling you is what he told me. I own a condo in Sosua, but my will was made in the US. He said because it met all the requirements of the State where it was made that it was not necessary to have a will made here.

I'm not a lawyer so hopefully Fabio will respond to your question. But I live here, own property, and my will was drawn in the US.
 

21yearsinDR

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I am not a lawyer either and maybe you are right Ken - however I was told otherwise . I was told, that the will MUST be done in The Dominican Republic in order to be valid in this country…. Maybe there is a way to make your US will valuable in The Dominican, because there is some kind of agreement between these two countries.
But the person, who asked is from UK and I would recommend him to ask a lawyer.
And yes - Argentina Brugal has the office at Plaza Turisol exactly as written by Caribmike.
 

dv8

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i think some stuff cannot be overruled by the will, for example it is very difficult (albeit still possible) to disinherit your children. i pondered for some time about making a will too, also to benefit my family back home exclusively. will inquire more.
 

FredBlogs

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Thanks for the replies. I am young...hehehehe, free and single, I do not own property here but I have some investments and in the event of my demise ( not too soon ) I hope I would like that my family back in the UK have access to my funds with the minimum of hassle and Dominican red tape.

Maybe Senor Guzman will put us all right in the near future.
 

21yearsinDR

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In order to avoid confusion I want to mention, that the Dominican will is only supposed to consider the properties or moneys you have in The Dominican Republic… I know for sure, that you might have problems if you own a property here and you don’t have a Dominican will. I might take forever to solve the situation.. In this country I believe they ONLY look at the will and they don’t care who is the wife and who are the children. The will is what matters.. But I am not a lawyer off course, so I only trust what I was told.
 

Ken

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I know for sure, that you might have problems if you own a property here and you don’t have a Dominican will.

How do you know that for sure?

I'm not a lawyer, either, and was prepared to make a Dominican will to cover property owned here if necessary, however, Fabio told me it wasn't. I have a lot of confidence in him.

I tried to find the past threads on this where Fabio gave us his advice, but was told "will" was too short a search
term. If Fabio does not respond to your question, I suggest you scan the titles of the threads in legal forum starting, I think, with 2011 and going back from there.

It certainly wouldn't hurt to get your own legal advice. Try to get a lawyer who won't be thinking about fee he/she can collect if they advise a Dominican will is necessary.
 

dv8

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it's easier to use goggle than this forum's search engine. here are some past thread on the subject:
from 2006: http://www.dr1.com/forums/legal/53506-last-will-testament.html
from 2007: http://www.dr1.com/forums/legal/69563-writing-will.html
from 2008: http://www.dr1.com/forums/legal/74233-will-testament.html
from 2010: http://www.dr1.com/forums/legal/103765-cost-will-last-will-testament.html

answer from fabio guzman from 2010:
A simple will done by a notary will cost you from $100 to $300 US, depending on the Notary. For this you will have to speak Spanish since according to Dominican law (article 972 of the Civil Code) a will before a Notary must be dictated by the testator and written down by the Notary.

If you do not speak Spanish, your only choices in the Dominican Republic are a holographic will, which must be entirely handwritten, dated and signed by the testator and can be written in any language; or a mystical, which in essence is a sealed holographic will delivered to a Notary for safekeeping.

A foreign will is valid in the Dominican Republic but some of its provisions may be reduced or voided if they come into conflict with Dominican rules of public order, such as forced heirship rules.

If you have children, I recommend preparing a will, even if, as in most cases, the inheritance will go to them in equal shares, as in an inheritance that is intestate (without a will), in order to prevent the spouses of the children from getting a share of the inheritance. Under Dominican law, “movable” property (cash, stocks, bonds, etc.) when inherited by a spouse is community property, unless the testator has expressed otherwise. Most lawyers/notaries are not aware of this...unfortunately, for their client's children.
 

dv8

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ok, i asked...
the cost for drafting the will dictated to the lawyer is about 20k pesos.
foreign will needs to validated, translated, stamped from every possible agency and generally the hassle is not worth it, it's better to write another will in DR (if you have possessions in DR).
 

Fabio J. Guzman

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A will is valid in the Dominican Republic if it follows the rules of the location where it is written, based on the old principle of "locus regit actum.? It can be written in English, Swahili, Chinese or Spanish, as long as it complies with the formal requirements of the jurisdiction where it is made.

However, on the substantive side, for property located in the Dominican Republic, any provision violating Dominican rules of inheritance will be deemed null and void.

So here are the choices for a foreigner owning property in the Dominican Republic:

1) Have a will drawn up in your home country for your property in that jurisdiction, and a separate one in the Dominican Republic for your property in the DR.

2) Have just one will drawn up, in your home country, making sure to consult with a Dominican lawyer in connection with the provisions regarding Dominican assets.
 

Fabio J. Guzman

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Jan 1, 2002
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A will is valid in the Dominican Republic if it follows the rules of the location where it is written, based on the old principle of "locus regit actum.” It can be written in English, Swahili, Chinese or Spanish, as long as it complies with the formal requirements of the jurisdiction where it is made.

However, on the substantive side, for property located in the Dominican Republic, any provision violating Dominican rules of inheritance will be deemed null and void.

So here are the choices for a foreigner owning property in the Dominican Republic:

1) Have a will drawn up in your home country for your property in that jurisdiction, and a separate one in the Dominican Republic for your property in the DR.

2) Have just one will drawn up, in your home country, making sure to consult with a Dominican lawyer in connection with the provisions regarding Dominican assets.
 

mountainannie

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I was really surprised in a group of // well shall we be polite and just say women over 40... ? How many did NOT have a will? All foreign.. well, ok French.

Perhaps that is more the custom there. For US citizens, know at least that a holographic will, one written in your own handwriting, is completely legal in all States. And, in the United States, you may disinherit your children but it is wise to make mention that you know that you are doing so.. as in "knowing that my children are already provided for, I am leaving my $2 million stock portfolio to Mlle Chichi Gonzalez". Of course, if you do have a two million stock portfolio, better get a lawyer because those kids will for sure come after Chichi.
 

Eugeniefs

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I know I posted a reply to this a few days ago but I think it disappeared when DR1 had a few server issues.

I went to a friend who is a lawyer here and was told that our English Wills should be OK for here. All she needed was a certified copy (not sure if we had to have it apostilled/notarized etc). Sorry can't remember all the details. Both the MIL and myself have UK Wills but my other half had one drawn up in Spain. As all our property in other parts of the world are no longer viable, we only have property here. Getting my o/h to make up a Will in the UK would be incredibly costly seeing as we have nowhere to go over there... off to go and investigate further.

Generally our Wills are 'what is mine is yours etc. and the last person gets the lot!'
 
Jan 9, 2004
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I was really surprised in a group of // well shall we be polite and just say women over 40... ? How many did NOT have a will? All foreign.. well, ok French.

Perhaps that is more the custom there. For US citizens, know at least that a holographic will, one written in your own handwriting, is completely legal in all States. And, in the United States, you may disinherit your children but it is wise to make mention that you know that you are doing so.. as in "knowing that my children are already provided for, I am leaving my $2 million stock portfolio to Mlle Chichi Gonzalez". Of course, if you do have a two million stock portfolio, better get a lawyer because those kids will for sure come after Chichi.


MA:

Holographic wills are not valid in all states, and in the ones that do accept them, the requirements vary.


Respectfully,
Playacaribe2
 

mountainannie

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Plus you should know as foreigners that you (or rather your body) WILL be autopsied. You might want to prepay your funeral and say the family the expense and trouble of that. Blandino Funeral home is the only one that does cremations. So much easier to transport ashes home.

I had one friend.. whose family.. kids, sisters.. had NEVER visited in ten years here who did a big hoopla with carrying the coffin back home for a big whoop up funeral.. ok. well. different strokes .. different folks.

My family is planning my funeral on the internet. Where I live. As my friends are scattered.. I think that my ashes will simply get lost in the mail.
 

PaGuyinDr

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I was really surprised in a group of // well shall we be polite and just say women over 40... ? How many did NOT have a will? All foreign.. well, ok French.

Perhaps that is more the custom there. For US citizens, know at least that a holographic will, one written in your own handwriting, is completely legal in all States. And, in the United States, you may disinherit your children but it is wise to make mention that you know that you are doing so.. as in "knowing that my children are already provided for, I am leaving my $2 million stock portfolio to Mlle Chichi Gonzalez". Of course, if you do have a two million stock portfolio, better get a lawyer because those kids will for sure come after Chichi.

So, if i am hearing you correctly, I CAN leave my kids out of my will. Right? :knockedou