Libro Tercero · Título II Capítulo II. De la forma de los testamentos

Wills, as to form, are common and special.

Common are the open and the closed.

Special are those executed in the cases and under the conditions stated in this chapter.

The common open will must be executed in a public deed, as an essential requirement for its validity.

The testator may deliver to the notary the draft of his testamentary dispositions or state orally his last will.

The notary shall draft the will, and shall proceed to read it in the presence of the witnesses, in a single act and without interruption, fulfilling the other requirements required for that purpose by the Notarial Code.

In the will of a blind person one witness more than those required for the open will must participate; it shall be read aloud twice; the first time by the authorizing notary, and the second by one of the witnesses chosen for that purpose by the testator. Special mention shall be made of this circumstance.

If a deaf person wishes to make an open will, he himself shall read the instrument in an intelligible voice, in the presence of the notary and witnesses, which shall be placed on record.

In the closed will the pertinent solemnities prescribed for the open will shall be observed and, in addition, the following:

1a. The paper containing the will shall be placed inside a closed cover, so that the former cannot be removed without breaking the latter;

2a. In the presence of the notary and the witnesses, and the interpreters where applicable, the testator shall state that the document he presents contains his will and whether it is written and signed by him or written by another hand and whether, for being unable to sign, another person has done so at his request, whose name he shall state;

3a. On the cover of the will the notary shall draw up the record of its execution, shall attest that the legal formalities have been observed; and

4a. Once drawn up and read, the record shall be signed by the testator, the witnesses, the interpreters if any, and the notary shall authorize it with his seal and signature.

If the testator cannot sign, he shall affix his fingerprint, and one additional witness, designated by himself, shall sign at his request.

The following may not make a closed will:

1°.A blind person; and

2°.A person who does not know how to read and write.

Those who cannot speak, but can write, may execute a closed will, but both the will and the record of the sealed cover must be written and signed in the testator's own hand.

Once the closed will has been authorized, the notary shall deliver it to the testator, after transcribing in the protocol, with the number and in the place corresponding to it, the record of execution. Said instrument shall also be signed by all those who participated in the act.

The testator may keep the closed will in his possession, entrust its custody to a person of his trust, or deposit it with the notary. Whichever of these three circumstances applies shall be stated in the record.

The notary or the person who has the closed will in his possession shall present it to the competent judge after learning of the death of the testator and, at the latest, within ten days, under penalty of being liable for the damage and losses.

Military personnel on campaign, hostages, prisoners and other individuals employed in the Army or who follow it, may execute an open will before the officer under whose command they are.

This provision is applicable to the individuals of an army that is in a foreign country.

If the testator is ill or wounded, it may be executed before the physician attending him, or before an officer of any category.

If he is in a detachment, before the person commanding it, even if such person is a subordinate.

In all cases under this article, the presence of two witnesses who know how to read and write shall be necessary; and if the testator is unable to sign, either of the two witnesses shall do so for him.

The will executed in accordance with the preceding article shall be forwarded as promptly as possible to the General Headquarters, and by the latter to the Ministry of Defense.

If the testator has died, the Minister shall forward the will to the judge of the last domicile of the deceased and, if it is unknown to him, to any Trial Court of First Instance of the Civil Branch of the department of Guatemala, so that, on its own initiative, it summons the heirs and other interested parties in the succession.

They shall request that the will be protocolized in the manner provided in the Code of Civil and Commercial Procedure.

Open or closed wills of those on board during a maritime voyage shall be executed in the following form:

If the vessel is a warship, before the purser or before whoever exercises his functions, in the presence of two witnesses who know how to read and write, and who see and understand the testator. The commander of the vessel or whoever acts in his place shall also affix his “approval”.

In merchant vessels, the captain or whoever acts in his place shall authorize the will, with the assistance of two witnesses as stated above.

In either case, the witnesses shall be chosen from among the passengers, if there are any.

The will of the accountant of the warship and of the captain of the merchant vessel shall be authorized by whoever must replace them in office, observing in all else the provisions of the preceding article.

Open wills executed on the high seas shall be kept in custody by the commander or the captain, and mention thereof shall be made in the navigation log.

In the will made at sea, any disposition in favor of any person exercising authority on board is void, unless such person is a relative of the testator.

Those who are in an isolated place by reason of epidemic may make a will before the local judge and in the presence of two witnesses who know how to read and write.

If the testator is imprisoned, he may, in case of necessity, execute a will before the head of the prison, and detainees or prisoners may be witnesses, for lack of others, provided they are not disqualified on any other ground and they know how to read and write.

In this will, any disposition made in favor of those who have authority in the prison is void, unless they are relatives of the testator.

The special wills referred to in the preceding articles are valid only if the testator dies during the situation to which said articles refer or within the ninety days following the cessation thereof.

Guatemalans may make a will outside the national territory, subject to the rules established by the laws of the country in which they are located.

They may also make a will on the high seas, during their voyage on a foreign vessel, subject to the laws of the nation to which the vessel belongs.

A joint will executed by Guatemalans in a foreign country shall not be valid in Guatemala, even if authorized by the laws of the nation where it was executed.

Guatemalans who are in a foreign country may also execute an open or closed will before the diplomatic or consular agent of this Republic, resident in the place of execution, if he is a notary.