Notarial will

What is a notarial will?

A notarial will is an act of transfer of one's own property, which is performed directly before a notary. A notarial will takes effect after the person's death. In order to have the right to make a will, the testator must have reached the age of majority and not suffer from mental illnesses that prevent him from making such decisions.

Form of the notarial will

The notarial will is drawn up by a notary in the presence of only the testator and two witnesses.

A project is prepared in two or more identical copies. The shape, type and size of the paper on which the project is written or printed is determined by a sample.

All copies of the draft shall be drawn up cleanly and legibly, handwritten in black or blue ink, or typed.

Figures in the project are also written in words when they refer to the content of the transaction. Blank spaces are crossed out.

The notarial will must contain:

• designation of the date when it was drawn up;

• names and personal data of the testator;

• names and personal data of the person to whom it is bequeathed;

• describe in detail what is being bequeathed

• signature of the testator;

• signature of the testators;

• signature of the notary.

Procedure performed by the testator in a notarial will

The testator expresses his will orally to the notary, who writes it down as expressed, then reads the will to the testator in the presence of the witnesses.

The notary notes the fulfillment of these formalities in the will, indicating both the place and the date of its drawing up. The will is then signed by the testator, the witnesses and the notary.

If the testator is unable to sign, he informs the notary of the reason for this and the notary notes his statement before reading the handwritten will

It is important to know that regardless of whether the will is handwritten or notarized, it cannot harm the reserved part of an heir by law!