Incorporación del procedimiento del testamento ológrafo en la Ley Notarial en Ecuador.

Abstract

The will allows the testator to express their wishes in their own handwriting, directly creating the document without the assistance of lawyers or intervention from third parties. The legal relevance of this research lies in the review of legal theories with the aim of recognizing and regulating the holographic will, including specific criteria for its validation, such as the need for identification of the testator, absence of coercion or undue influence, and the ability to verify the document’s authenticity, thus ensuring the integrity of the process. Its inclusion in the Notarial Law would offer a more accessible and efficient option for testators, as its main characteristic is that it must be written entirely in the testator’s own handwriting, while still upholding rigorous notarial standards. The general objective is to analyze the notarial mechanisms for validation, evaluating their effectiveness in ensuring the graphic authenticity and alignment between the document and the true will of the testator. This is to be done through doctrinal criteria and comparative law analysis to determine the requirements for validity and to design a notarial protocol for compliance. The methodological approach is qualitative, while the level of research is exploratory. The deductive, analytical, and comparative law methods were used, which made it possible to achieve the aforementioned objective and reach the general conclusion of the need to incorporate the holographic will into the legal system. This would ensure the fulfillment of the testator’s last wishes, with execution carried outXIII before a notary, promoting greater autonomy for the testator and security of the document.