Making a Will in Uruguay: Types, Rules and Process

Making a will in Uruguay is straightforward, but the rules are strict: it is only valid in certain forms and can never reduce the forced heirs’ share. This guide explains who can make a will in Uruguay, the types of will, what you can leave and to whom, the process and the Wills Registry. For what happens without a will, see who inherits under Uruguayan law.

Who can make a will in Uruguay?

Anyone not covered by the incapacities in Article 831 of the Civil Code. Those who cannot make a will are boys under 14 and girls under 12, people declared incapable due to dementia, anyone not of sound mind at the time, and anyone unable to express their will clearly. Special rules apply to blind, deaf or mute people.

Types of will in Uruguay

Type	How it is made
Open will	Before a notary and three witnesses; read aloud and signed by all. The safest and most common form.
Closed will	Written by the testator and handed in a sealed envelope to the notary, who records it before five witnesses.
Special wills	For exceptional situations, such as military campaigns or on board ship.

Holographic wills made in Uruguay are not valid. Witnesses must be over 18.

What a will can do

• Dispose of the free share: half with one child, a third with two, a quarter with three or more; half if there are parents but no children; everything if there are no forced heirs. See forced heirship.
• Leave specific assets (legacies) to people or institutions.
• Appoint an executor and a guardian for minor children.
• Create a testamentary trust, without reducing forced heirs’ shares.
• Disinherit a descendant only on statutory grounds (Article 900): serious mistreatment or insult, denying support without cause, or a criminal conviction of five years or more.

Making a will, step by step

1. List your assets and who you want to benefit.
2. Calculate the free share given your forced heirs.
3. Meet a notary (and a lawyer if you have assets abroad or tax issues).
4. Sign the will before the notary and witnesses.
5. The notary reports it to the Wills Registry.
6. Review it after births, divorce, property changes or a move abroad.

The Wills Registry

Part of the Supreme Court’s notarial inspection office, it records open wills, closed-will envelopes and foreign wills meant to take effect in Uruguay, without knowing their content. When a succession is opened, a certificate from the Registry shows whether a will exists.

Foreigners and wills made abroad

• Assets in Uruguay pass under Uruguayan law, including forced heirship, even if the testator was a foreigner.
• A will made abroad is recognised according to the form of the place where it was made, apostilled and translated. Foreign holographic wills are generally not accepted, except those made in Argentina or Paraguay under the Montevideo Treaties.
• Assets in several countries: a coordinated will per country is often advisable.

FAQ

Want to make your will?

At GlobalTax we help you decide what to leave and to whom, calculate forced heirship, coordinate with your assets abroad and sign it before a notary, in English, Spanish or Portuguese. Contact us.