Rus Articles Journal

How to make the will?

you already made the will? Yes do not shudder, nobody says that it is required already tomorrow. Live long and happily. But not everything depends on us therefore that everything acquired by back-breaking toil did not ruin, it is better to define destiny of it in total in advance and independently. This you, by the way, facilitate life to relatives, having exempted them from a duty to divide good and at the same time keep the relations between them kind and strong.

In this ticklish business not to do without notary. He surely has to certify the will written by you. You do not wish, or you cannot write? The notary will help. He will honestly write down everything, told by you, but only in the presence of witnesses.

The text written by the notary has to be read by you at presence of both the notary, and the witness. As a last resort (an illness, illiteracy) the text can be read by the witness in the presence of you and the notary.

The will, as a rule, has to be signed with own hand. As an exception, at your request - any other citizen in the presence of the notary with the obligatory indication of the reasons owing to which with own hand it is impossible to sign. Obligatory attributes of the will - the place and date of the certificate. If they are not specified, the court nullifies such document.

Contents of the closed will nobody learns term earlier. It has to be written and signed with own hand, and is transferred to the notary in the sealed envelope in the presence of two witnesses. The envelope is signed by the testator and witnesses. Then it is sealed in other envelope on which the notary does the inscription containing the information about the person from whom the will, the place and date of acceptance, and also a surname names, middle names and residences of each witness is accepted.

The notary can be called on the house. Even completely paralyzed person cannot be deprived of the right of expression of the will. But the voleizliyaniye has to be expressed in shape, to the clear notary.

On the earth there are a lot of places where in the afternoon with fire you will not find the notary. In this case notarial duties will be executed by other official. In a deaf small village - the representative of local government, on vessels in swimming - the captain of the vessel, in expedition - the chief of expedition. Military personnel and members of their families will be helped by the commander of part, concluded in places of detention - the chief of a colony. But such wills have to be sent through judicial authority to the notary at the place of residence of the testator as soon as possible.

It is possible to bequeath (and it is necessary) not only property, but also the money which are on your accounts. Location of bank and its state accessory not a hindrance. At desire, it is possible to do without notary. The bank employee can certify with own hand testamentary order written and signed by you (do not forget to specify date).

Making the will, consider that the law limits the rights of the order to inheritance a little. The so-called obligatory share has to be surely observed. Not less than a half of all property is due to disabled children, parents or spouses.

Not all applicants for inheritance can be satisfied with your decision. In case of non-compliance with an obligatory share of inheritance the will can be challenged.

One more way to challenge the will - to prove that by its drawing up the testator was slightly not in . Therefore there can sometimes be useful a passing of psychiatric examination. To challenge its results hardly anyone - or will dare.

Only the court can nullify the will, having considered the claim of the person, interests or the rights of whom were violated. At identification of violation of the rules of drawing up the document the success of the claim is guaranteed.

Be attentive, and long to you years of life.