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Successions and wills

The will and its different forms

No matter how little or how much property you may own, you want to be sure it is distributed to the right people after your death. It would be very comforting to know that at the time your loved ones are mourning your death, you will have done everything in your power to avoid problems. A will lets you choose your heirs and clearly outline your last wishes. If you do not make a will, the law will instead determine who inherits your property. A proper will is a guarantee that your wishes will be respected. It will also make settling your succession that much easier.

Types of wills

Although you may be aware that there are many types of wills, you may not know what they are. Our legal system recognizes three types of wills:

• Notarial or authentic will:
  This type of will is made before a notary in the presence of a witness or, in certain cases, before a notary and two witnesses.

• Holograph will:
  A holograph will is entirely handwritten by the testator and signed by him without the use of any mechanical process. It does not require the presence of a witness.

• Will made in the presence of witnesses:
  This type of will does not have to be handwritten by the testator (it can be typed, for example) but must be signed by the testator or by a third person for him in his presence and according to his instructions. Before two witnesses meeting certain requirements, the testator must declare that this document is his will. The two witnesses must also sign the will in presence of the testator.

If you choose to make a notarial will, it will take effect immediately upon death. But if your will is not a notarial will, it is subject to probate by the Superior Court after your death.

Notarial wills are not subject to probate because the law recognizes notaries as public officers, and allows them to confer authenticity on their wills.