A few months ago a colleague asked me to accompany him to the hospital to attend a sick, apparently terminal, could not express verbally, and his way of interacting with people, was very limited, wanted to make a will. When we arrived, the lawyer who had called the partner, said: “It is very serious, but understands and wants everything. What is clear is that he wants to get married. ” The companion and I looked at each other.  Holding a wedding, moreover, involves processing a marriage record.

To contract marriage entails rights and obligations. It has inheritance and succession consequences. It is something that we have clarified in other entries.

Notaries, we do not officiate weddings, but we often go to the Hospital (or where we are needed), to authorize wills. They imply a rigorous control of the capacity of the people at that moment. Capacity is more than just signing on paper or putting the mark. The head, the will, must accompany the mechanical act of signing. Signing implies assuming something as own and nothing assumes as own the signature blank or without knowing what it signs. That is why we speak of informed consent when the will is declared before the Notary.

Yesterday, a kind follower reported to us a news of a marriage that had been officiated in the hospital. It appears that one of the contracting parties was terminally ill. Shortly before dying, the councilman appears in the hospital and celebrates the marriage. The process of registration is paralyzed at the request of the children of the contractor who shortly thereafter dies. Marriage is not registered in the Civil Registry, it is questioned the ability to want the marriage at the time of the celebration.

Precisely, the Notary, what evaluates is the capacity of the person. On the other hand, the difference between dying married or single is not trivial. The new wife has some rights by law and the testator, who is going to die, has more limits when it comes to testing. As a reflex effect, the eventual rights of the children are lessened by the concurrence, by law, in the inheritance, the wife.

Personally, regardless of the performance of the officiant of the ceremony, I think that life, even short, is long enough not to wait to marry at the time of death. Apart from romanticism, marriage implies a project of life, there is no project when there is no expectation of living.

The news, to which we link you , for me, I consider, reflects the crisis of the system. It is frequent the concurrence of third parties that try to manipulate the will of the testator, in this case, of the contracting party or wedding photo booth sydney, for his own benefit. Notarial intervention is a guarantee of impartiality. As you see?

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