The testament is an act by which the testator disposes, for the time when it will no longer exist, of all or any part of its assets that it may revoke' (article of the civil code)Good to know: it is forbidden to make joint wills or joint will: a will can only be done in the same document by several people. The rules imposed by the law must be respected, under penalty of making the act invalid. The goal is twofold: Good to know: the form notarized ensures the conservation of the testament, but it is more expensive and does not guarantee the confidentiality of wills. It then presents the deed closed and sealed with a notary, in presence of two witnesses.
The civil law notary draws up on the envelope of the will 'the act of subscription'.
It allows you to see the presentation of the will, and the fact that the person says well that the will is his. This type of will may be registered in the central File of the provisions of last will if it is filed with a notary if the testator consents. It is also necessary to add the testament says 'international' from the Convention of Washington of. Its use avoids the difficulties when the will behavior of the elements in relation with the foreign (place of writing of testament, the place of location of the property.). But this testament, the structure of which resembles that of the mystic will, is not reserved to international successions. The formalities to be observed after the death of the person who does the act differ according to the nature of the will. After the death, last will and testament, or mystic, must be deposited with a notary before being put to execution, contrary to the testament by public act. On the other hand, all wills have not the same strength of evidence (effectiveness of their means of proof): The will is a mode of transmission of its heritage according to the will of its author which is a substitute for the statutory scheme. It operates in the more often the transmissions of goods that are called 'legacies' It may also contain: unlike the gift, the will must be the last will of the testator.
Until his death, the person may, therefore, modify the terms of the transmission of his property in whole or in part.
The will may be freely revoked: If the deceased has not written a will, the question will inevitably arise as the heirs, is: who inherits. To find answers to this question, we invite you to read the sheet on inheritance in the absence of a will.
