Open or closed will, which one is best suited
A poorly documented inheritance decision can turn a carefully built estate into months of family uncertainty. When choosing between a Open or closed will, it's not just privacy that matters: the clarity of the provisions, the ease of verifying their validity, and the risk that the document may not produce the expected effects are also important.
In Costa Rica, making a will requires adhering to strict legal formalities. Therefore, choosing a type of will should not be reduced to “which one seems simpler,” but rather to which one allows the person's wishes to be expressed with greater certainty according to their family, financial, and personal situation.
What is an open or closed will
A will is a personal act by which a person establishes how they wish their assets and other rights to be distributed after their death, within the limits set by law. It can also include relevant provisions for the administration of certain assets, the acknowledgment of obligations, or instructions to help avoid conflicts among heirs.
The open will It is one whose content is presented before a notary and the persons required by law for the act. The notary records the testator's will in a deed, reads it, and notes that the applicable formalities have been met. Its content is not kept confidential from those who formally participate in its execution.
The closed testament, In contrast, it contains a declaration of will whose content remains confidential. The document is presented sealed before a notary to fulfill the corresponding formal act, without the need to disclose the testamentary instructions to those involved in that proceeding. Confidentiality is its most distinctive feature, although it also entails documentary requirements that must be handled with particular care.
Both alternatives can be valid if granted correctly. The difference is not in one automatically offering more protection than the other, but rather in how the will is documented and the practical risks each option presents.
Open Will: Clarity and Notarial Assistance
The open will is usually the most suitable alternative for those seeking to have their provisions technically drafted from the outset. With a notary's involvement, it is possible to review the identification of heirs, the description of real estate, Company shares, accounts, or other assets, as well as foresee substitutions, legacies, and conditions permitted by law.
This review is especially valuable when blended families, children from different relationships, assets acquired before or during a union, properties registered in the name of companies, or assets located in different countries exist. In these scenarios, an ambiguous phrase can open the door to incompatible interpretations and delay the succession.
Another practical advantage is preservation. By being part of a notarial instrument, there are formal mechanisms for record-keeping and archiving that reduce the risk of loss, accidental destruction, or alteration of the original document. This does not completely eliminate subsequent inheritance procedures, but it makes it easier to prove that the will exists and that it was granted in the corresponding form.
The main drawback is limited confidentiality. Individuals whose presence is legally required during the execution of the will may become aware of its contents. For many families, this is not a problem, but for those who wish to keep the distribution of their assets private, it can be a deciding factor.
When is it usually a good choice
An open will usually offers greater peace of mind when the priority is a complete and organized wording. It is often advisable if the estate includes real estate, family businesses, investments, or provisions that require a detailed explanation of what is being left, to whom, and with what scope.
It is also useful for people who want to reduce the possibility of a clause being confusing. Notarial accompaniment does not replace a comprehensive legal review of each case, but it does allow for the formalization of intent in a more structured way and in accordance with the required solemnities.
Closed will: reservation with greater formal safeguards
The sealed will can respond to a legitimate need for privacy. The person making the will can keep their property decisions secret from those involved in the act of presentation and formalization. This can be relevant if there are sensitive family circumstances, confidential business decisions, or simply a personal desire for discretion.
However, confidentiality should not be confused with simplicity. Precisely because the notary is unaware of the content at the time of formalization, the document must meet particularly rigorous requirements for form and preservation. The signature, closing, document identification, and subsequent actions are aspects that deserve professional attention.
A frequent problem is thinking that it's enough to write a document, put it in an envelope, and deliver it later. That's not the case. A private document that does not meet the applicable formalities may not operate as a valid sealed will. Furthermore, if it is lost, deteriorates, is improperly opened, or raises doubts about its integrity, the testator's will may be open to dispute.
The reserve can also make early detection of errors difficult. If no one thoroughly reviews the contents before the grant, incomplete data, imprecise descriptions of goods, references to improperly identified persons, or provisions that do not harmonize with each other may go unnoticed.
When can it make sense
This modality may be reasonable for a person who understands its formalities, has a concrete reason for maintaining confidentiality, and takes adequate measures to safeguard the document. However, privacy must be weighed against the need for the content to be clear, enforceable, and consistent with the rest of the estate plan.
In complex estates, a prudent option is to seek prior legal advice on the content and effects of the provisions, even when maintaining a closed structure is valued. Client confidentiality is an essential part of the professional relationship and does not require foregoing well-thought-out planning.
Practical differences worth considering
The choice between an open and a closed will requires looking beyond the name. An open will offers notarial supervision over the declaration of intent and a formal custody route; a closed will protects the content from third parties involved in the act, but demands careful execution and safekeeping.
The probability that the will changes also matters. A will can be revoked or modified according to applicable legal mechanisms, but each change must be made correctly. If a person foresees adjustments due to the sale of real estate, the entry of a new partner, a marriage, a divorce, or the birth of children, it is advisable for the document to be reviewed periodically rather than accumulating informal notes or separate instructions.
The composition of the estate is another key point. A family home does not produce the same analysis as a portfolio of properties, shares in a company, pending inheritance rights, or assets located outside Costa Rica. In the case of foreign investors, expatriates, or families with international ties, it is also necessary to review the interaction between Costa Rican legislation, the registered ownership of assets, and the rules that may be applicable in other countries.
Errors to Avoid When Testing
The first mistake is using generic templates found online or documents prepared for another jurisdiction. Legal terms may seem equivalent, but their effects and formalities vary. A document valid in another country does not necessarily comply with Costa Rican inheritance laws.
The second is not updating the will after a relevant change. The acquisition or sale of assets, the formation of a company, a separation, the death of an heir, or a substantial change in family relationships may require a review. Keeping an outdated will can lead to outcomes different from what the person currently desires.
The third is omitting essential information about assets or beneficiaries. Correctly identifying individuals and describing assets with verifiable criteria reduces subsequent interpretations. When the estate includes real estate, it is advisable to review the registration information and the exact way the property is registered.
Finally, it should not be assumed that a will clause can resolve any estate matter on its own. There are rights, property regimes, obligations, and legal limitations that require specific analysis. A will is a central tool, but it works best when it is part of a coherent estate planning strategy.
How to make an informed decision
Before choosing a plan, gather a clear overview of your assets, relevant family relationships, and your goals. Ask yourself which assets you want to include, who should receive them, whether there are business assets that need continuity, and how important privacy is versus the convenience of a direct notarized review.
A consultation with a professional in notarial law and succession allows for reviewing those factors before formalizing the document. At Punto Legal, our guidance is focused on translating patrimonial decisions into clear, confidential, and case-specific instruments, with direct communication about the process.
The best choice is not always the most discreet or the best known. It is the one that allows your will to be clearly expressed, is granted in accordance with the law, and can be understood when it is truly needed.