La publicidad del testamento como garantía de su eficacia y la ejecución de la voluntad del testador en el Ecuador.

Abstract

The project is aimed at publicizing the will as a guarantee of its effectiveness and the execution of the will of the testator in Ecuador, taking into account that there are limitations in this regard since there is no system or mechanism that allows people to know if a individual has executed a will before a notary public and thus proceed with the process for the succession. To know the reality of the problem, a methodology was applied with inductive-deductive and descriptive theoretical methods, while as empirical methods, documentary analysis, interviews with notaries and lawyers, and comparative law were used considering Spain, Mexico and Chile. The results presented allowed us to know that in Ecuador there is also a limitation regarding the safeguard of the closed will, since the Notarial Law states that it will only include a copy of its cover, while the open one is attributed its custody. On the other hand, regarding its publicity, it is not guaranteed in the regulatory framework, unlike other countries consulted where there is a registry for these acts, of a public nature. Having said this, considering the recommendations of the interviewees and other findings, a bill is proposed for the creation of a National Registry of Wills, in addition to reforming the Notarial Law where the notary would have as attribution the safeguarding of closed wills, strengthening the publicity and protection of the last will of the testator.