What is a will?
A will is a declaration of intent related to death, in which the testator (the person making the will) transfers part or all of their estate to real or legal persons, whether they are heirs or not, effective after their death.
How is a will made?
A will can be made either as an official document, in the testator's handwriting, or even orally (Civil Code, art. 531). The official will is drawn up in the presence of two witnesses by a peace judge, notary, or an officer designated by law.
How is a will made at the land registry?
If the heirs or the executor of the will do not apply, the beneficiary can request a letter from the court for registration. With this letter and necessary documents, they can apply to the land registry office to complete the registration process.
How long is a will valid?
There is no legal provision that limits the validity of a will. A will remains valid unless annulled by a court decision. A will does not become invalid just because it was made a long time ago.
Is a will made by a notary valid?
A will made by a notary must comply with the formal requirements set out by law. While witnesses are not required for a handwritten will, a notary will requires the presence of two witnesses. If the names and signatures of two witnesses are missing in an officially prepared will, the will is not valid.
Can a person will all their property?
A testator can balance their wishes through a will. They can will all or part of their property to an heir who has cared for them or to a third party. They may even choose to leave their assets to a foundation or association instead of their relatives.
In what cases is a will invalid?
A will is invalid if the person making it lacks legal capacity, if it was made under mistake, deceit, fraud, threat, or coercion, or if the content, conditions, or obligations attached to the will are illegal or immoral. Additionally, the will is invalid if it does not meet the formal requirements.
In what cases can a will be annulled?
A will can be annulled if it was made due to mistake, deceit, threat, or coercion, if the content, conditions, or obligations of the will are illegal or immoral, or if it was made in violation of the formal requirements set out by law.