Even the news programs of all the channels have opened their broadcasts today with the exclusive interview published by ‘¡Hola!’ to Ana Obregon after having become a mother by surrogacy in the United States. And it is that, although for biological purposes we now know that Ana Sandra Lequio Obregon is her granddaughter, legally this baby is her daughter. A complicated story for which it is essential to understand what it is holographic will, the legal basis that the biologist clings to in order to raising his daughter-granddaughter in Spain.
“The decision to start the surrogacy process was made the day my son went to heaven”, Obregón began by explaining in the interview, alleging that the doctors recommended that his son save sperm before it could be damaged by the powerful cancer treatment he was undergoing.
Ana has explained that one of her last conversations with Aless, her son, was precisely the one in which she conveyed to her mother and father, Alessandro Lequio, that she wants to be a father despite not seeing her son/daughter alive: What people don’t know is that this was Aless’s last will, to bring a child of his to the world. And so he told his father and me a week before he died,” he continued.
“This is called a holographic will and it occurs when a person, before two witnesses, Express your last wishes, even if, whatever the circumstances, the notary cannot be present at that time. But that document exists and is legal”, explained Ana Obregón, bringing into our vocabulary a new concept that most of us were unaware of until now.
What is a holographic will?
As stated in article 688 of the Civil Code, “We define as holograph that act of last will that the testator writes by himself, in his own handwritingso that a holographic will is a will made in this way”.
According to this legal document, there are some requirements that a will must meet in order to be called “holograph testament”. The first of these is to be of legal age. In addition, to be validated it must be written and signed by the testator stating the year, month and day on which it was granted. In the event that this document contains words crossed out or of doubtful legibility, the testator will save them under his signature. And finally, it is accepted that it is written in any language. In this case, Ana Obregón should have presented this “holographic will” in the following 10 days to have knowledge of the death of the testator.
Photos | @ana_obregon_oficial
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