Although a will is in force and properly drafted, this does not guarantee that those named in it will receive the assets, according to civil law specialists. The Federal Civil Code establishes that a will is a revocable act and that a later will nullifies the previous one.
One of the most common causes is that the testator changes their mind. According to Article 1494 of the code, an earlier will is revoked by operation of law by a later valid one, as long as the testator does not indicate that they wish to keep the previous provisions in whole or in part. This means that a person can go to a notary to modify their wishes, and the most recent document replaces the earlier one in accordance with legal rules.
There are also circumstances where invalidity stems from defects in form. A will is void if executed under threats against the testator, their property, their spouse or relatives, or if it was obtained through deceit or fraud. Similarly, the code considers a will void if executed without complying with the formalities established by law.
The law provides as a ground for incapacity to inherit that a person has used violence, deceit or fraud to cause the author of the inheritance to make, refrain from making or revoke their will. The Federal Civil Code states that incapacity must be declared in court at the request of an interested party.