Incorporación del testamento verbal en el sistema sucesorio ecuatoriano

Abstract

This research aims to establish the feasibility of incorporating the oral will into the legal system in Ecuador. The current state of the country reflects a limited culture of making wills, which leads to various societal conflicts, such as a large number of judicial proceedings for inventory and division of assets, and legal problems among the deceased’s family members, all due to the limitations and restrictions of the current civil legal framework, which only regulates open, closed, and privileged wills. The current situation demands the incorporation of the oral will since technological and digital tools can be used, with strict adherence to how this type of will is regulated in foreign legislation, using Spain’s legislation as the main model. Therefore, the oral will should be regulated with specific conditions, that is, only for certain individuals, such as older adults and those with catastrophic illnesses. It should be considered that the will can be made electronically and in person, but always with the virtual or physical presence of the notary and two competent witnesses.