Holographic testament and Gifting

artistdani

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Mar 13, 2012
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2 separate questions:

- Are holographic wills recognized in the DR? I know it has to be written entirely in my own hand and witnessed by 2 unrelated people but does it have to be written in Spanish to be valid in this country?

- Can a gift of a jeepeta between spouses be done by handwriting a document but not changing the ownership right away? The idea would be to avoid possible claim by undeclared children of the spouse when he passes away.

Thank you!
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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A holographic will must be handwritten in its entirety, dated and signed by the testator. It can be written in any language as long as these three requirements are met. No witnesses are necessary. (Article 970 of the Civil Code: "A holographic will shall not be valid unless it is entirely written, dated and signed by the hand of the testator; it is not subject to any other formality.)


A gift (donaci?n) must be done before a notary with the required formalities (Article 931 of the Civil Code).