What Is a Will and What Types Are There?
Wills and Inheritance Agreements
Prepared by: Constantinople
Short Answer
A will allows wishes concerning the period after death to be expressed in one of the statutory forms. Official, holographic and oral wills have different conditions. We assess the type involved, the person’s capacity and the meaning of the text separately. A defect of form in an existing document and an effect on a reserved share may require different claims.
When preparing a will, you may wonder whether a sample text found online is sufficient. When an existing will is served on you, its validity, the property it covers and its effect on your inheritance share arise together. We first identify the document’s type and purpose. We then distinguish examination of form, capacity and content. By comparing family records and asset information with the text, we explain which questions need answers and which documents must be completed.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
The Law Provides Three Forms of Will
Under TMK 531, a will may be official, in the testator’s own handwriting or oral. The official and witnesses are decisive for an official will; the text, date and signature for a holographic will; and extraordinary circumstances and documentation rules for an oral will. An oral will is not an everyday alternative to the other two methods.
The Testator’s Capacity Is Examined
TMK 502 requires discernment and attainment of fifteen years of age. Capacity is assessed as at the time the will was made. No conclusion is drawn from advanced age, hospitalisation or a medical report alone; what the relevant records say about the disposition date and transaction is investigated.
The Contents Determine the Outcome
Appointment of an heir under TMK 516 differs from a specific legacy under TMK 517. Leaving a person a fraction of the inheritance and bequeathing a particular property may create different legal positions. We read names, descriptions of property and partition wording within the whole document; we do not classify it from its title alone.
Opening a Will Does Not Finally Establish Its Validity
TMK 596 requires a will to be opened regardless of its validity. Grounds for annulment are regulated by TMK 557, while reserved shares are protected under the reduction provisions. Opening therefore does not automatically resolve disputes over form or capacity. Notification dates and potential claims are examined separately.
What Do We Examine in Your Matter?
We Examine the Entire Document
We compare the original document, its pages, attachments and any earlier wills. We identify whether a single photograph omits a date, signature or another disposition.
We Distinguish the Objective from the Legal Instrument
We explain whether a specific legacy or appointment of an heir is intended. We investigate how the disposition interacts with family relationships and existing inheritance agreements.
We Define the Dispute Correctly
We place allegations concerning form, capacity, consent and reserved shares under separate headings. We then assess the records that can support each allegation and the claim to which it relates.
Frequently Asked Questions
Must every will be made before a notary?
The law also recognises holographic wills and oral wills specific to extraordinary circumstances. Absence of notarisation does not alone make a holographic will invalid; the specific conditions in TMK 538 are examined.
Can a will be examined after it has been opened?
Opening and assessment of validity are different. Claims and time limits are assessed after examining the opening proceedings, notifications and the asserted ground. It is useful to state the date of service in your initial description of the matter.
Related Inheritance Topics
Related Questions
Reference Sources
TMK 502, 516–517, 531–541, 557–560, 596
Tell Us About Your Matter
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.