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What we need to know about the will?

A will is a type of transaction – a will by which the testator disposes of his property and how it should be distributed after his death. A will must be in writing and may be made by an adult who is not under a legal disability. Such a disposition of property gives rise to actions and certain legislative requirements must therefore be complied with.

If you are an adult and wish to make a will, you can contact Legal Frame Law Firm for advice and assistance in making a will.

What can be bequeathed?

The testator may dispose of his or her entire estate, individual parts or rights. This can also happen on condition. When the whole of the property is bequeathed, we speak of a universal will, and when part of the property is bequeathed, we have a testament.

Notwithstanding the will, there is also a reserved disposable part of the estate, which belongs to the heirs at law, which the testator cannot freely dispose of. In this case, the will will be void if more than the disposable part has been bequeathed and has affected the part of the other heirs.

The testator may also distribute his property to persons who are not his relatives. The will must be in writing and notarisation is not obligatory. It may also be handwritten. If it is made before a notary, you should also involve two witnesses. The will is signed by the testator, the witnesses and the notary. In the case of a handwritten will, dispositions are made by the testator in person and the presence of other persons is not necessary.

The will may be deposited with a notary, lawyer, third party or may be kept in person. The latter option creates the possibility of misuse in case a dishonest person finds the will.

The will may be revoked by a new will or by a notarial deed stating that it revokes the previous dispositions in whole or in part. Any subsequent will which does not revoke the preceding will shall have validity and effect over it in the testamentary dispositions so rearranged.

How is a will declared?

The declaration is made before a notary public. Anyone interested and anyone to whom the will has been left may request a declaration. The notary shall declare the will and draw up a report describing its state and noting that the will has been opened.

The will may be declared null and void. It is null and void if it is made in favour of a person who is not entitled to receive a will, if the procedure for making a notarial will or the requirements for a handwritten will have not been followed, or if the will contradicts the law.

A will is voidable when made by a person who was incapable of making a will.

If necessary, you can turn to a good lawyer who can help and advise you in the procedure of probate or opening one.

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