The will is a legal means that allows to bequeath a portion of his property to people of his choice while preserving the legal reserve of the heirs. This document takes effect on the death of the testator and it is essential to respect certain rules so that the will is valid and not contestable.
How to write a will: the basic rules
Whether the will is holographic, authentic or mystical, the contents of the will must be precise, dated (hour, day and year), initialed, numbered and signed by the hand of the testator. The holograph will, which consists of write yourself (without the help of anyone) his will, is the most common option because it does not require the intervention of a notary. However, in order to secure this act, it is advisable to deposit the will with a notary who can thus register it at Central File of the Last Will Provisions (FCDDV).
The use of a typewriter, a soundtrack or a computer to emit his last wishes are to be banned because these means are not valid for the recognition of a will.
The contents of the will
As a first step, the date must be precise and legible. This information will allow the day of death to determine whether the testator was in possession of all his abilities. In addition, it is possible that several wills have been written, and in this case only the most recent document is taken into account.
The contents of the will must be clear and precise and do not have no ambiguity. If this document lacks precision, it will be necessary to make an interpretation and it is then possible that the will of the person wishing to bequeath his property is not respected as it wished.
Important elements of the will
To start a will, it is advisable to simply write " This is my testament ". Then you have to privilege the present the indicative instead of the conditional. So, instead of writing " I would like to bequeath my house to so-and-so ", you have to say " I bequeath my house to so-and-so ».
Regarding the designation of the legatees, that is to say the people who will receive the inheritance, one must be very precise about their identity. The best is to give complete information including the name, the first names, the address without forgetting the link of kinship. Clearly, we must dismiss any doubt to avoid future litigation.
Finally, it is wise to inquire with a notary who will be able to advise and control the validity of the will, both in terms of substance and form. This professional secures the will and ensures that no element is likely to cancel the document in accordance with the wishes of the testator.