notarial will
Quick Summary
A will, or testament, is a legal document outlining how an individual wishes to distribute their property after death. While oral wills, known as nuncupative wills, are valid in some jurisdictions under specific circumstances, written wills are standard.12
A notarial will is a type of formal will, common in civil-law countries, where a notary public assists in its execution. In these systems, notaries are legal professionals experienced in drafting wills and estate planning. The testator may dictate their wishes to the notary or provide a document stating it contains their will. This contrasts with Anglo-American law, where notaries primarily authenticate documents and do not typically draft legal instruments like wills for a fee. A will can be invalidated if the testator lacked mental capacity, imposed unreasonable conditions, or did not have clear title to the assets.231
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