Define: Notarial Will

A notarial will is a legal document that outlines how a person’s assets and properties should be distributed after their death. It is prepared and signed in the presence of a notary public, who ensures its validity and authenticity.

Creating a notarial will ensures that your assets are distributed according to your wishes after your death. It provides clarity and legal protection, minimizing the chances of disputes among your heirs.

While it is possible to create a notarial will on your own, it is highly recommended to seek the assistance of a qualified attorney. They can guide you through the process, ensure compliance with legal requirements, and help avoid potential mistakes or challenges to the will’s validity.

To be valid, a notarial will typically requires the testator (the person making the will) to be of sound mind, at least 18 years old, and signing the will voluntarily. It must also be signed in the presence of a notary public and two witnesses who are not beneficiaries.

Yes, you can make changes to your notarial will by creating a new will or adding a codicil, which is a separate document that modifies specific provisions of the original will. It is important to follow the legal requirements for making changes to ensure their validity.

Yes, you can revoke your notarial will at any time by creating a new will that explicitly revokes the previous one or by physically destroying the original will with the intention of revoking it.

If you die without a notarial will, your assets will be distributed according to the laws of intestacy in your jurisdiction. This means that the court will determine how your assets are divided among your heirs based on predetermined rules.

Yes, a notarial will can be contested in court if there are allegations of fraud, undue influence, lack of capacity, or improper execution. Contesting a will can be a complex legal process, and the burden of proof lies with the person challenging the will.

A notarial will remains valid until it is revoked or replaced by a new will. It is advisable to review and update your will periodically to ensure it reflects your current wishes and circumstances.

Yes, you have the right to disinherit someone in your notarial will. However, it is important to consult with an attorney to understand the legal implications and potential challenges that may arise from disinheriting a family member or dependent.