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By making a will, you give instructions on what is to be done with your assets after your death, and you can prevent your assets from being distributed according to the statutory provisions that apply in the absence of a will.
In order to make a will, you have to be at least 18 years old and you must be capable of judgement.
There are three types of will:
For this type of will, the procedure is that you write it by hand from beginning to end, add a note of the day, month and year in which it is made, and sign it.
The will can simply be kept safely at home or held in safekeeping by a public official or a notary in return for a fee.
Don't forget to say that you revoke any wills that you made earlier. If you make any subsequent changes to the will, these must be clearly recognisable in the will. The changes must be handwritten, dated and signed. If you destroy your will, it automatically becomes invalid.
A holograph will should contain:
Avoid putting instructions on your funeral in the will. It is often the case that wills are found and read for the first time after the funeral. It is better to give someone your funeral instructions when you are still alive, either your next-of-kin, the funerals office or your chosen undertaker.
If you have any questions, you should consult a notary.
You give the instructions for your will to an official or a notary in the presence of two witnesses. The official draws up the will in a document and holds the signed document in safekeeping. By signing, the witnesses confirm that you that you have the capacity to make a will and that you have declared in their presence that you have read the will and that it contains your testamentary wishes.
An oral will only comes into question if it is impossible to make a will in any other way, e.g. when there is an immediate threat of death, in wartime, etc.
You have to give the instructions for your will to two witnesses. These witnesses must put your will into writing as soon as possible, stating the place and date when the will was made orally and providing a written explanation of the special circumstances, before signing the will and sending it to the court authorities.
Wills that do not meet the formal requirements or fail to provide for statutory entitlements are not automatically invalid; they must be contested in court by the statutory heirs.