What Types Of Wills Are There?

The first form is a notarized will. This type of will involves the certification of a notary authority. When a testator wishes to create a notarized will, they express their intentions either verbally or in writing under the supervision of a notary authority. The notary then records the proceedings, providing an official certification of the will’s validity.

Another form is a holographic will. A holographic will refers to a will that is entirely handwritten by the testator. In this case, the testator personally writes down their wishes, including the date and their signature. The content of the will must be clear and unambiguous.

A will written by another person is the next recognized form. In certain instances, a testator may choose to have someone else write their will. This form requires the presence of two witnesses, with one of them acting as the scribe. The designated scribe transcribes the will on behalf of the testator, while both witnesses and the testator sign or affix their seals on the document.

Moving on, an audio recording will witnessed by two or more witnesses is also considered valid. This form involves recording the testator’s wishes audibly in the presence of two or more witnesses. The witnesses present during the recording validate the authenticity of the will.

In exceptional circumstances, when a testator is facing a critical situation, an oral will may be considered valid. This form requires the presence of two or more witnesses who witness the testator’s oral declaration of their wishes. However, it’s important to note that if the critical situation is resolved, the testator should promptly create a written or recorded will. In such cases, the previously made oral will becomes invalid.

Understanding these different forms of valid wills is crucial for individuals when considering their estate planning. It ensures that their wishes are legally recognized and properly executed. Whether it is through a notarized will, a holographic will, a will written by another person, an audio recording will, or an oral will in critical circumstances, the key is to adhere to the legal requirements and ensure the involvement of witnesses to validate the authenticity of the will.

By familiarizing ourselves with these forms, we can navigate the complexities of will creation and ensure that our assets are distributed according to our intentions. It is vital to consult legal professionals to ensure compliance with the specific requirements outlined in the “Inheritance Law” and to guarantee the validity of our wills.