Write one's will
Though it may not be pleasant to think about his death, making a will is important.
Indeed, it guarantees you that after your death, your last wishes will be respected and that your property will be bequeathed to the people you have chosen. To find your way around the various steps to be taken as well as its content, here is how to proceed.
Who can write a will
Any natural person in full possession of their means (of sound mind and not having been subjected to moral pressure) can draw up a will, from the age of 16. It is imperative to dispose of your property. In the case of non-emancipated minors over 16 years of age, they are considered to have half the property they would have if they were of age.
The different wills
There are many ways to write your will, but some processes are more secure. You can thus opt for:
the pollograph will: this is the easiest way. It suffices that the testator (the one who draws up his will) writes his last wishes on a blank sheet of paper, dates and signs the document. You can take it to a notary to avoid loss or theft. Please note, it is mandatory to write it by hand, to avoid any fraud. If necessary, the will can be submitted to a graphological analysis. The disadvantage of this type of will is that the notary will not be aware of its content and therefore, will not know whether the wishes of the testator will be compatible with the law, which can be problematic during the bequest.
The authentic will : less secret, but more secure, this will requires the presence of two notaries or a notary and two witnesses. The latter cannot be the beneficiaries of the legacy, nor the spouses or other persons of the family up to the fourth degree. Concretely, you will dictate your last wishes to the notary, then read it again and sign after it has been drafted. Undoubtedly, this is the most reassuring way to make a will. You have the guarantee, on the one hand, of remaining within the limits of what the law allows, and on the other hand, of the virtual impossibility of being able to challenge it subsequently.
The mystical testament : it is the least used. It is written before a notary but it is the testator who writes the terms, which will remain secret. The will will then be sealed and you will receive an acknowledgment of receipt thereof. It presents the same drawbacks as the pollograph will, except of course, the doubts about the identity of the one who writes.
What does a will contain
The will allows you to affix your last wishes. You can thus notify the conditions concerning your wishes on your burial, urn, cremation if necessary. In this case you can write a crematic testament.
You can write down your wishes regarding guardianship of your children or other family member.
The will will also contain the division of your property between the different people you have chosen. Please note, your family members are reserved heirs. That is to say, they will necessarily receive shares of your property. You must therefore bequeath the rest of your property, called amount available.
The property that will be bequeathed will be that which you dispose of at the time of your death, not when you write your will.
Note: you can appoint an executor, who will be responsible for overseeing the smooth running of operations and compliance with your last wishes.
Cancellation, modification of a will
It is quite possible to cancel or have your will amended. If you have chosen to make a pollograph will, simply tear or burn the first to make the second.
If you have filed an authentic will with a notary, you must declare the change of will. In any case, any amendment or cancellation renders the previous will null and void.
A third party may request the cancellation of the will for several reasons. Non-compliance with the law, proof that the will was written under moral pressure or blackmail, non-compliance with forms, in case of beneficiaries not authorized by law. The annulment is made in the high court.