LA FALTA DE LEGITIMACIÓN DEL TUTOR Y LA NULIDAD DEL TESTAMENTO POR INCAPACIDAD DEL OTORGANTE.

Abstract

The testator cannot himself ask for his testament to be declared null due to lack of capacity or vice of consent, although revocation does lie to hand if the testator is capable. If he is incapable, it will be his successors who may challenge his will should the testator have failed to revoke it. A ward cannot take such action, nor does the ward's guardian hold legal standing to do so in his stead.