The Given

The Judge can, in the case of not existing witnesses, or when he considers it advisable he when it not being safe for the witnesses, to solicit a judicial letter of testimony. To this end the survivors of the testador, that is to say, their spouse will be mentioned, parents and descendants. Once the Judge has determined the identity of the testament and the validity of the same, she will come to order his protocolizacin before the Notary who corresponds. In the protocolizacin the diligences will consist in addition that have been carried out by the Court to determine the identity of the testador and the validity of the testament. In case the Judge did not validate the testament, the interested ones will be able to establish the legal actions that correspond against that decision. The great advantage of this type of testaments is that through same the secret one is preserved of the best possible way on the testamentary dispositions, since knows them solely to the testador and it does not have because to have third parties involved in the process until after its death. However, also one is a type of testament that entails many disadvantages. One of we have pointed it to them at the beginning and consists of that those people who are themselves worked against by this disposition can put in doubt the capacity of the testador at the time of granting their testament olgrafo, which will give rise to a judicial procedure, in which will be to use the parts as experts who declare on the state of the testador when to grant their testament. Evidently, the costs of a procedure of this nature would rise enough, considering in addition that we would be in the end before an expert decision that will take a Judge who must base the same on the pertaining to a witness declarations and that have been realized, having been therefore a decision in all subjective point.