A will is one of the most important tools for deciding the fate of your assets yourself and preventing disputes among your relatives. However, for your wishes to be truly respected, strict formal and substantive rules must be followed when making a will.
Types of wills
- Private written will: written entirely by hand and signed by the testator, or written by someone else but signed in the joint presence of two witnesses.
- Will countersigned by a lawyer: offers greater security against formal errors.
- Public will: a will made before a notary public.
The most common mistakes
A significant share of wills become contestable because of formal errors. Common problems include a missing date, irregular presence of witnesses, unsigned pages in a multi-page document, or wording that is ambiguous.
What is the forced share?
Closest relatives – such as descendants or the spouse – may in certain cases be entitled to part of the estate even if the will does not leave it to them. As a general rule, the forced share is half of the statutory inheritance share. It is worth taking this into account when drafting a will to avoid later claims.
Where should the will be kept?
Even a valid will is of little use if it cannot be found after death. When a will is deposited with a lawyer or notary, its details are entered into the National Register of Wills, so it will be located during the probate proceedings.
This article provides general information and does not constitute legal advice. For your specific case, please book a personal consultation.