Tuesday, November 16, 2010

How to compose will?


On the earth it is numerous places, where with the fire you will not in the daytime find the notary. But output exists!
You did already compose will? Yes do not shudder; no one indicates that it will be required already tomorrow. Live for long and happy. But indeed not all depends on us, therefore so that “entire by the difficult labor” would not go by dust, it is better to determine the fate of this “in all” previously and independently. By these you, by the way, will facilitate life to relatives, after freeing them from the responsibility “to divide good”, and you will at the same time preserve the relations between them by good and strong.

Without the notary in this ticklish matter not to manage. It compulsorily must certify the will written by you. You do not desire, or cannot write them? Notary will help. He will honestly write down everything, said by you, but only in the presence of witnesses.
The text, written by notary, must be read by you in the presence and notary, and witness. At the worst (disease, illiteracy) text can be supply with sounded by witness in the presence you and notary.
Will, as a rule, must be signed single-handedly. As exception, on your request - by any other citizen in the presence of notary with the required indication of the reasons, in view of which single-handedly to sign is not obtained. Required attributes of will - place and the date of certification. If they are not indicated, law court recognizes this document ineffective.
The content of the closed will no one learns earlier than the period. It must be written and signed single-handedly, and it is transmitted to notary in the sealed up envelope in the presence of two witnesses. Envelope signs by testator and witnesses. Then it seals up into another envelope, on which the notary makes the inscription, which contains the information about the person, from whom is accepted the will, place and to the date of adoption, and also surname names, patronymic and the place of the residence of each witness.
Notary can be summoned to the house. Even the completely paralyzed person cannot be deprived of the right of the expression of his will. But expression of will must be expressed in the form, by intelligible to notary.
On the earth it is numerous places, where with the fire you will not in the daytime find the notary. In this case another official will carry out notaries’ responsibilities. In the deaf hamlet - representative of local authority, on the vessels in the floating - captain, in the expedition - the chief of expedition. By soldiers and to the members of their families will help unit commander, concluded in the places of the deprivation of freedom - chief of colony. But such wills at the first opportunity must be directed through the organ of justice to notary along the place of the residence of testator.
To bequeath is possible (and necessarily) not only property, but also cash resources, which are found on your calculations. The position of bank its state belonging is not interference. When desired, it is possible to manage without the notary. The written and signed by you highhandedly bequest (do not forget to indicate date) can certify bank employee.
Composing will, consider that the law somewhat limits the rights of order by inheritance. The so-called required portion compulsorily must be observed. To disabled children, to parents or to husbands is due not less than half of entire property.
Not all aspirants to the inheritance can be satisfied by your solution. In the case of the nonobservance of the required portion of inheritance the will can be disputed.
One additional way to dispute will - to prove that with its composition the testator was “slightly not in himself”. Therefore the passage of psychiatric examination sometimes can prove to be useful. To dispute its results hardly someone will dare.
Recognize law court will as ineffective can only, after examining the action of the person, interests or rights of whom were disrupted. The success of action is guaranteed with the development of the damage of the rules of the composition of document.

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