A will is a legal document which contains a person's (the testator) wishes related to the ways his/her property will be distributed after his/her death. The testator assigns the task to manage the property until its final distribution to an executor. The term ‘will’ relates to both private and public property.
There are different types of wills including the holographic will, nuncupative will, self-proved will, mystic will, notarial will, serviceman’s will, reciprocal will, unsolemn will and will in a solemn form.
Any person who is over the age of majority owns the testamentary capacity, meaning that the individual can create a will, with or without the aid of a lawyer. During the composition of a will, the testator must identify himself/herself as the creator of the will, as well as declare the revocation of the previous wills. Furthermore, the testator has to demonstrate the capacity to dispose of his properties, sign and date the will, as well as clarify who are the beneficiaries of the will.
Probate is the juridical process in which a will is proved in a court and accepted as a valid document. A probate court decides the legal validity of the will and grants its approval to the executor. Afterwards, the will becomes a legal instrument which may be used by the executor in the court, if necessary. Probates indicate that an executor, who has been named in the will, has legal powers to dispose of the testator’s properties in the ways outlined in the will.
Succession, also known as inheritance, is the practice to give the properties, titles, debts, rights and obligation from a person to another after the death of an individual. The succession rules have changed over the time and depend on societies.
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