Notary public is called the officer who gives legal certainty, i.e., the official who has the attribution of to put on record the actual existence of a legal act performed before him, as in the case of the granting of the Last Will and Testament.
In the open public Testament given before a notary public, the testator expressed willingness to clear and strict. The notary shall prepare written the Testament clauses, strictly subject to the will of the testator and read them aloud to make this manifest if you agree. If so, sign writing the testator, the notary and, where appropriate, witnesses and the interpreter, settled the place, year, month, day, and time at which any awarded.
In the public Testament closed, the public notary will give faith of the granting, in accordance with the law in this matter. You must also be signed by the testator, the witnesses and the notary public, who, in addition, will put his stamp. Closed and authorized the Testament, will be delivered to the testator and the notary public to score in his book, called Protocol, the place, time, day, month and year in which the Testament was authorized.
In the simplified public Testament, which can change name according to each State, the public notary attests to the legal act in which the person acquires a property and points to his heirs or legatees in the same deed of acquisition.
At the same time, it will will notice and will be integrated into the Base of data of the system national of the register of notices of Testament. Will notice will indicate the information regarding:
* Name and other general data of the testator;
* Data of the parents;
* Data of the instrument: type of Testament, volume, place of granting, writing number, date, as well as the existence of irrevocable clauses, without revealing the content of said provisions;
* The notary public data: number of notary, federal entity, in his case the municipality and type of notary; and
* The notice on the federal entity data: number of control internal, competent authority, registration date, entity federal and, where appropriate, municipality.
The will and Testament corresponding notice must be deposited in the file or register designated by the law within the corresponding term.
The notary public who intervene in any Testament must be known to the testator or sure somehow their identity, and that it is in its full trial and free of any coercion. The law prohibits notaries public and others who write wills, leave blank sheets and use abbreviations or numbers.