Avoid letting the impossible become possible and the elusive be captured by publishing quickly what is publishable.
A certainty normally generates several possibilities. Thus, anyone who dies can leave heirs or not, die with or without a will, choose to protect their heirs or, on the contrary, leave them in distress. However, if there are heirs, they can protect their rights or neglect to take the necessary steps to do so.
So a person dies leaving a will in which there is a clause that states "...that all my property bequeathed to my beneficiaries is exempt from seizure (...) unless my beneficiaries waive the contrary effect."
The Deputy Minister of Justice, ignoring this clause stated in the will, seizes the property bequeathed to one of the deceased's heirs. She turns to the Court* and requests the rejection of this seizure.
The court rejects the heir's request because any stipulation of non-seizability must be published in the Registry of Personal and Real Movable Rights, which the heir neglected to do. The judge justifies this obligation as "participating in elementary logic" because creditors must "be able to establish at all times the assets against which they can assert their rights."
If the death of a loved one brings its share of pain and sadness, why not ensure that it is not accompanied, in addition, by the frustration arising from a seizure or judgment on the bequeathed property. Avoid the impossible becoming possible and the exempt becoming seized by promptly publishing what is publishable.
*CA 200-09-005631-061
