There are only three forms of wills: the notarial will, the will made in the presence of witnesses and the holograph will.
A will must be made by a person of full age. The formalities governing the various kinds of wills shall be observed on pain of nullity.
The notarial will:
it will be made before a notary, en minute, in the presence of a witness or, in certain cases, two witnesses who must be of legal age. The date and place of the making of the will shall be noted on the will. It will be read by the notary to the testator alone or, if the testator chooses, in the presence of a witness. Once the reading is done, the testator shall declare in the presence of the witness that the act read contains the expression of his last wishes. Thereafter, the will is signed by the testator, the witness or witnesses and the notary, in each other’s presence.
A notarial will is an authentic Deed and does not need to be probated by a Court. It is given effect according to its provisions.
The will made in the presence of witnesses:
it is written by the testator or by a third person. After making the will, the testator declares in the presence of two witnesses of full age, that the document he is presenting is his will. He need not divulge its contents. The testator signs it at the end or, if he has already signed it, acknowledges his signature before the witnesses. The witnesses thereupon sign the will in the presence of the testator and in the presence of each other. Each page of the will that does not bear the signature of the testator and the witnesses must either signed or initialed by each of them. Upon the death of the testator, the will must be probated by the Court who will ensure, pursuant to the evidence presented, that the will bears the very signature of the testator and constitutes his last known will. Once the judgment of probated is delivered, the will can be given effect according to its provisions.
The holograph will:
it must be written entirely, of his own hand, and signed by him without the use of any mechanical process. It is subject to no other formal requirement. The holograph will must be probated by the Court in the same manner as for the will made in the presence of witnesses.
The foregoing information is provided for the benefit of those consulting the Web site of BOVERRY, ATTORNEYS. It shall not be considered as a legal opinion in respect of particular circumstances.
A consultation with one of the lawyers of BOVERRY, ATTORNEYS is recommended, more particularly for the preparation of a will before witnesses. We propose a very competitive fee structure which is well adapted to our clients.