00:00A kind follower of this Legal Tip section of El Espectador presents us with a very interesting situation.
00:06and then asked us two questions.
00:09She tells us that she has been married for some time now, and that she and her husband have not had children.
00:16which is why they have thought about testing.
00:19Given this possibility, as we have already said, it raises two concerns.
00:24The first is that it is possible for her and him to designate each other as beneficiaries in a single will.
00:34In this regard, then, let's say that this possibility is not legally viable.
00:40Why?
00:41Because in accordance with article 1059 of the Civil Code, a will is a legal act of a single person.
00:50So, if in a hypothetical case, a notary were to allow two or more people to make a will,
01:01That will would be void.
01:03In other words, the clauses of that will would not be valid and would not produce any legal effects or consequences.
01:12What is the second question then that our client asks us?
01:16She tells us, and clarifies this in private, that she has some kind of mistrust regarding
01:24her husband.
01:25So he says that it is feasible if it comes to making two wills,
01:31She, in her own, could include a clause stating that she names her husband as the beneficiary of
01:39their assets and what corresponds,
01:40but on the condition that he, in turn, makes a will in which she is the beneficiary.
01:47In this regard, let's tell him then that that possibility is not valid either.
01:53Why?
01:54Because in accordance with article 1117 of the Civil Code,
01:59These clauses are called binding provisions and do not produce legal effects.
02:07They are not valid.
02:09Our client's doubt focuses primarily, especially on the second concern,
02:15in the fact that she knows, with full knowledge and patience, that a will is a revocable act.
02:21Then she says, let's both do this now, each of us in our will,
02:25But then, without me noticing, he goes and changes his, and then I would feel disappointed.
02:31In this regard, let us then tell our consultant that legally there seems to be no solution.
02:40We would then have to turn to sayings, and sayings are wise.
02:44There is one saying that goes, "What the eye doesn't see, the heart doesn't grieve over."
02:49We know it's not a completely satisfactory answer, but in a way it would be the only solution she would have.
02:56to calm down.
02:59Make your will and trust in your husband's good faith.
03:03Who knows, maybe later on he'll be disappointed, we hope not.
03:08Thank you so much to everyone who watches us, to everyone who consults us, and we hope you will continue to do so for a long time to come.
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