Probate and Will Writing – Which Comes First?
The distribution of the goods or an inheritance without a Last Will and Testament often generates fights between family members closest to the deceased person. To avoid this, it is necessary to know which documents and steps take to draw up a will and make things clear, informed our specialist UK will writing solicitors
It is a testament, or document expressing the wishes of the owner of a good furniture and/or property, who will decide how to sort and distribute its assets.
The testamentary will, may be granted by testament closed, like the maritime or military wills by public deed, Holograph will or Testament.
It is recommended that the Testament is raised by public deed and you enroll in public registers. The person concerned must be accompanied by two witnesses (which cannot be family, beneficiaries of the acquis, among others) to the notary’s office to express his wishes.
In the case of older people, it is advisable to carry a medical certificate of mental health, because although in strict enough the notary to attest to the capacity of the testator, the certificate helps in the event of a challenge.
In terms of the documents evidencing the ownership of what is inherited, accreditation with the notary cannot be so rigorous, because the Act will newly be effective on the death of the testator. However, it is suggested take copy of the registration certificate of goods if you want greater guarantees.
These are the steps to be followed to develop a testament by public deed:
1. the testator must go to the notary to make known his wishes. It is necessary that two witnesses are present during dictation or written delivery of your wishes.
2. the Testament is read by the notary in the presence of witnesses. Once read the Testament and approved by the testator, the witnesses, as well as the notary and the testator must sign the document; each of the pages if you have several.
3. the notary sits the Testament in the public registry. Here are listed the date of granting, official leaves where the testator, is located in the registry, the name of the notary, witnesses, as well as the furniture and/or property assets to inherit.
4. you must take into account if the testator is one older person, need a medical certificate to prove that the person is lucid and enjoys his mental faculties, that in the event of an attempt to challenge, despite the fact that is carried out against the note writing River.
5. While the testator is alive, for the notary it is forbidden to give information about the contents of the Testament. In the event that relatives seeking information, must be closer to public records, only indicating the existence or not of a testament.
6. it is advisable to register the Testament because this gives security about its authenticity.
Remember that if you have a large family it is best work a will advance and enrolled in Superintendency for avoid conflicts among relatives. So, the desire of who leaves the legacy will be registered before a notary public, which shall fulfill his will.
The cost of registration of a will in the Superintendency is S /. 18 soles (do not include the notary expenses) and can be in any of the 173 offices of public records nationwide.