Types of Wills
Wills are of 3 types. An official will is an oral will and a handwritten will. An official will is a will made with the participation of an official in accordance with the forms prescribed by our Civil Code. In order for the will to become official, the participation of an official authorized by law is mandatory. An official will is drawn up with the participation of two witnesses and an official. The qualifications of the witnesses are also determined by law. Accordingly, the spouse of the decedent, the descendants of the descendants of the blood, the spouses of these persons, their siblings, those who have been banned by the decision of the criminal court, those who are illiterate, those who do not have an actual capacity, cannot participate as witnesses. The official will is of two types, the will made by the literate and the will by the illiterate. In the will to be prepared by the literate people, if it is prepared in advance by the decedent, it is delivered to the official official, the officer signs the will, which is delivered to him, by putting the year, month, day and makes it official. If it has been prepared beforehand, the beholder declares his wishes and wishes to the officer himself, the officer gives the written report to the testator, reads it and makes it official after signing it. The approved will is read again by the officer in the presence of witnesses, indicating that the will has been read and that it contains the last wishes of the legator. Witnesses do not need to know the contents of the will. In a will to be drawn up by illiterate people, the inheritor informs the officer of his wishes. After the official official prepares the report, it reads it to the testator in the presence of two witnesses. It is approved and preserved.
A handwritten will, on the other hand, is a will signed by the testator entirely in his own handwriting and dated. There is no obligation to deposit such wills to the civil servant. However, it can be handed over to the notary, magistrate, despite the measures of loss, tampering and alteration.
An oral will is made when it is not possible to make a will in any other way in extraordinary circumstances. Two witnesses are required. Declare your testator’s last wishes to two witnesses. What the testator says will be written by the witness or dictated later. Witnesses then hand over this written will to the Magistrate or the Civil Judge of First Instance. In order for an oral will to be valid, it must be delivered to the court immediately after death. Those who will witness the will must be literate.