The role of the will
By his will the testator may alter the order of succession by law to amend the inheritance portion of an estate , or to dispose of his property in favor of persons who are not heirs at law.
Will is a unilateral act which contains volition only one side - the testator. It takes effect after the death of the testator and should clearly express his last will. Therefore, by the time of his death, the testator can at any time to change or cancel a testament of it. The will can be done only by the testator to be encapsulated in writing in order to prove its validity.
According to the text of the law, any person under 18 years who is not under guardianship can dispose of their property until after his death by will, have a so -called testamentary capacity until all persons - individuals and legal have the ability to inherit by will , except as specified in the law of succession - unworthy persons.
The form of the will is of two kinds - notarized and handwritten. Notarial will have to be done by a notary public, regardless of the area of its operation. It is drawn up in the office of the notary, or beyond, if valid reasons have to be done immediately. Upon execution of the will, the notary is required primarily to verify the identity of the testator. It is the presence of two witnesses before whom the notary must read aloud made a will, then it will be signed by the testator, the witnesses and the notary.
Handwritten will is the easiest way to perform a testamentary dispositions. It is a personal statement, written entirely handwritten by the testator and signed by him, with indication of the date of its execution. It may be kept by the testator or the person in whose favor it is made. The same can be deposited with a notary. The actual handwritten testament to exert its action must, at the request of the person concerned to be announced.
Attorney. George Mitrev