The invalidity of the wills for lack of suitability of the witnesses. (testaments granted until september 13, 1995)

Abstract

The Civil Code of the State of Jalisco until 1995 provided for the need for the appearance of three witnesses to the granting of an open public testament (Will); the failure of the witness presen-tation or their suitability was a cause for the probate provision to be null the testa-ment. From the Civil Code which entered into force in September 1995, the legisla-ture abolished the witness requirement, because its presence was not indispens-able, since the notary’s public faith was sufficient, moreover, that many times, death occurred, witnesses were solemni-

ty of the content of the will or the abil-ity of the testator, which created legal uncertainty. Thus, a will granted before September 1995 should not be nullified, even if no suitable witnesses were pre-sented, since the requirement has been abolished.