Do I need a Costa Rican Will ? It is a good idea from an estate planning point of view to have a local Costa Rican Will to cover your assets and property located in Costa Rica. This makes the probate process much simpler then having to probate a foreign Will in Costa Rica. You can limit your Costa Rican Will so that it only covers the assets you have in Costa Rica and not revoke your foreign Will if that is your intent.
The following is a sample of a Costa Rican Will that would be signed in the presence of a Costa Rican Notary Public. The official Costa Rican version would need to be in Spanish so this is the translation.
NUMBER ONE HUNDRED EIGHT: Before me, MARIA SANCHEZ PEREZ, Notary Public with office in San Jose, personally appeared WALTER HARRISON, of legal age, married, businessman, resident of Escazu, Urbanization Bello Horizonte from the first entrance one hundred meters south and five hundred west no second surname on account of his United States nationality and with passport number 1646432 and STATES: That he appears in this act to state this Last Will and Testament according to the laws of Costa Rica and the following clauses: FIRST: That he names ANNE O’BRIEN, no second surname on account of her Canadian nationality, of legal age, married, businessperson, resident of Vancouver, Canada and born on December 23, of 1971, as the only heir of all my assets, property, share certificates, bank accounts which are located within Costa Rica and which I may have at the time of me death.
SECOND: That he designates ANNE O’BRIEN as the Executor of the estate for all purposes as required by law. In her absence I name as substitute Executor, Mr. RONALD JONES, no second surname on account of his United States nationality, of legal age, married, businessperson, resident of 200 Royal Street Vancouver, Canada and with passport number JF 569214
THIRD: That In the event the testator and the beneficiary die in the same act he confers his entire estate to his son FRED JONES which may living.
FOURTH: That in this act he revokes and leaves without legal effect any prior wills which he may have granted in Costa Rica and leaves with full force and effect any will granted outside of Costa Rica for disposition of assets located outside of Costa Rica. THAT IS ALL.
I have read this document to Mr. Harrison and making a simultaneously translation to the English language by the following two interpreters which are also present in this act: JUAN FERNANDEZ RODRIGUEZ, of legal age, married once, Attorney, with identity card number 1- 555- 666, resident of San José, from Pops 700 meters west and 10 south; PRISCILLA SANTOS MAYOR, of legal age, single, Attorney, with identity card number 1- 650- 700, resident of Ciudad Cariari, Bosques de Doña Rosa, and in presence of the following witnesses: JUAN GUTIERREZ GUTIERREZ, of legal age, business person, resident of San Jose, Barrio don Bosco, 25 meters south of Purdy Motors on Paseo Colon, with identity card number 1-801-802; MARIA ESQUIVEL SANTIAGO, of legal age, married, professor, resident of Pops 700 meters west and 10 south. With identity card number 1- 444- 555, and GILBERT GONZALEZ ICASA, of legal age, married, Legal Assistant, resident of Llorente de Tibas, 125 meters east of La Nacion, with identity card number 6-222-333. The Testator accepts the dispositions made herein. The undersigned Notary Public hereby swears that based upon the information provided and based upon her personal knowledge of the testator she manifests his capacity to enter in to this disposition. Signed on this 15th day of May 2016
You should consult with your legal advisor in Costa Rica and your legal advisor in your country of origin to determine your specific requirements regarding the drafting and execution of a Will in Costa Rica.
