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5 Things to Know About Writing a Will

5 Things to Know About Writing a Will

If you want your property to fall into the right hands after death, you should make a will. It is in it that you can dispose of a flat, house, car, jewelry, postage stamps, or a valuable collection of watches. In this article, you will learn what to remember when writing a testament and what to pay special attention to. Have a nice reading!

Together or separately?

The basic principle is that a will may contain orders regarding goods and only available to one testator. This means that marriage together does not have a will and does not apply to children or other persons in common or even separate property. They must do it separately.

The second important rule is that a will can only be made by a person who has full capacity to perform legal acts, i.e. according to the Civil Code an adult and incapacitated person.

The will should, first of all, determine who will receive the inheritance, by using the usual wording: “to inherit, I appoint …” Here the testator mentions one or several natural persons – from family, relatives, friends, acquaintances, neighbors. Even a social organization or foundation can be an heir. The testator here enjoys full freedom and has the right to eliminate even the closest family member from the inheritance, for example, if the son, in the tester’s opinion, was ungrateful, did not look after his parent in illness or had already lost his own property.

If the will establishes several heirs, it should be indicated to whom and in which parts the goods are to be granted. The testator can do so by listing shared assets. If there is no such provision, all successors inherit in equal shares.

Types of Wills

Wills are divided into ordinary and special. The usual ones have three forms when:

  • The testator will write it in full by hand, sign, and date it,
  • The notary public will prepare a notarial deed even at the testator’s home,
  • The testator verbally declares his last will in the presence of two witnesses to the commune head (mayor, city president) or head of the registry office.

A special will is provided for extraordinary situations. The most common concerns the fear of the testator’s imminent death or when the usual form of this document cannot be maintained. The testator then declares his last will orally in the presence of at least three witnesses. The content of the will is stated in such a way that one of the witnesses or a third party writes the testator’s statement within one year of its submission, gives the place and dates of the declaration and the preparation of the letter, and the letter will be signed by the testator and two witnesses or all witnesses.

The person preparing the last will has the right in a will to oblige the heir to fulfill his financial benefits to the designated person, e.g. he transfers a certain amount to the indicated person every month. The will may be revoked at any time, destroying the previously prepared document, changing individual provisions, or writing a new one. Therefore, it is important to date new or modified content. Thanks to this it will be known which document is the latest and contains the last disposition of the disposer. It cannot be ruled out that heirs will question her

The testament will be invalid if it has been made:

  • In the state excluding the informed or free decision and expression of will by the testator,
  • Under the influence of an error justifying the supposition that if the testator had not acted in error, he would not have made a will,
  • Under threat.

That is why it is so important to know all these things when writing a will. Any oversight may result in the will being invalid and the court annulling it, and subsequent inheritance may be difficult.

On the other hand, if you already have a will after someone close, you may be interested in receiving money quickly. in this case, you can use the services of Probate Advance. They deal with obtaining money from inheritances and make an advance payment when applying for assistance.

Remember that a will is a very important document and you should not miss anything while writing or inheriting it.