The goods you own require work, time and energy. Over the years, you plan your budget to acquire them and afterwards to maintain them, make them profitable and make the best of them.
By planning your estate, you can somehow monitor your property over the long term. In fact, you can now write your Wills4less Chelmsford and determine who will return your property upon your death. And maybe to avoid some family conflicts …
Are not all these efforts worth it?
Who can make a will?
Anyone who is of sound mind, that is, can understand the scope of his actions, can make a will. This ability of the testator to make his will is observed at the time of writing the will and not at the time of signing. In principle, two groups of people can not make a will, minors and incapable adults. Minors, unless they are fully emancipated by marriage or court declaration, that is to say able to exercise their civil rights as if they were adults do not have the ability to freely dispose of their property by will, except for their property of little value.
However, the law allows the minor to regulate the conditions of his funeral and the mode of disposition of his body. However, he must have the written consent of his parents or guardian. The incapacitated can not make a will either. A person is “unfit” when he is unable to take care of himself and administer his property because of the permanent weakening of his mental abilities. The major under curatorship can not make a will since his incapacity is total and permanent.
The inability of a person to take care of himself and administer his property may, however, be only partial or temporary. In such a case, the adult is placed under guardianship. The person placed under guardianship may, in certain cases, make a will. Thus, the will of a person under guardianship is valid if that person understood what she was doing when she prepared her will.
To note. A person generally able to take care of himself or to administer his property but to whom the court assigns a counselor, because he needs help temporarily or to perform certain acts, may make his will without his consent. assistance of his adviser.
What form of will to adopt?
There are three forms of will, namely the holograph will, the will in the presence of witnesses and finally the notarial will.
For each form of will, certain formalities must be respected.
The holograph will
The holograph will is probably the simplest and most accessible method to express your last wishes. Indeed, the presence of a notary or a witness is not necessary.
Warning : A holograph will is often very incomplete and does not necessarily protect your heirs (seizure, divorce, debts, age to inherit, etc.) as can be done by a notarial will or a good will in the presence of witnesses.
Who must write and sign the holograph will?
The holograph will must be written in full by the testator without using any technical means. A typed holographic will is therefore not valid. However, the law no longer requires that the holographic will be written “by the hand” of the testator to take into account people with disabilities who write with their mouths or feet.
You must also sign your will. The will signed by a testator whose hand is guided by someone is void.