New law in Cuba introduces changes to marriage, wills, and declarations of heirs



Notary in Plaza de la Revolución (Reference image)Photo © Granma

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From now on, individuals who choose to marry in Cuba will no longer need witnesses to formalize their marriage before a notary.

The Ministry of Justice of the Republic (MINJUS) reported this through its official Telegram channel, where it announced updates on certain notarial procedures in accordance with the new Notary Law that came into effect on January 7.

According to the note published by Cubadebate, the changes directly affect procedures of great personal and family significance such as marriage, domestic partnerships, wills, and declarations of heirs.

The MINJUS assures that the changes to the authorization protocol for these legal acts aim to streamline processes and reinforce transparency.

One of the most significant changes is the elimination of the so-called "instrumental witnesses," both when formalizing a marriage and when granting a will.

From now on, the notary will exclusively assume the responsibility of verifying the identity of the parties, their legal capacity, and that their wills are expressed freely and consciously, a measure aimed at simplifying the procedure.

Furthermore, the new Notary Law formally establishes a prior publicity period for certain acts, including marriage, de facto unions, and declarations of heirs.

This means that, with the consent of the involved parties, the notary must publish the full names of the interested parties and the procedure to be carried out during the five business days prior to the act.

The publication will be made through the official channels designated by the institution.

The purpose of this advertising period is to safeguard the legitimate rights of third parties. Thus, anyone who believes they may be affected by the act in question may submit a justified opposition to the notary within that timeframe.

Among the examples mentioned is the possible emergence of an heir who was not previously located or the existence of a legal impediment that was not known.

Finally, the Ministry of Justice recommends that citizens, if they plan to carry out any of these procedures, consult in advance with the notary to know the new requirements and the documents that are required.

The institution emphasizes that the five business day publication period is an additional step that must be taken into account when planning the timeline for formalizing the legal act.

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CiberCuba Editorial Team

A team of journalists committed to reporting on Cuban current affairs and topics of global interest. At CiberCuba, we work to deliver truthful news and critical analysis.