What Are The Legal Matters Around Will

After the end of human life, and in order to preserve the value of the property and material possessions that were his property, inheritance occurs.

Therefore, everything that belongs to us now will be inherited by your descendants in the future according to Michelle Johal Criminal Lawyer Brampton.

Expressing the will of the testator while he is still alive in practice is the best way to regulate hereditary relationships, the most common and painless way of succession. That is why the settlers usually decide to give their inheritance by will. The will or testament is a personal statement of will by which the testator decides how his property will be distributed after his death. Within the legal definitions, a will is a legally regulated form of a strictly personal and valid statement within the will of a capable testator, which determines how his property will be distributed after his death and eventual gives a statement and orders regarding his death.

There are many forms and types of wills where the will of the notary is the most common and used within the legal system.

Definition of the term testament made before a notary public.

According to the legal framework of the Law on Inheritance, the testator can express his last will to a notary public as a court trustee. The legal system does not provide for the existence of a special type of will in the form of a notarial will. Notaries under the Notary Law may compose a will in the form of a notarial act under the provisions applicable to the compilation of a court will contained in the Inheritance Law. Unlike the Law on Inheritance, which as a lex generalis does not know the notarial will, in the comparative law the form of the notarial will is widely accepted.

According to the Law on Notaries and Notary Publication, only the notary public can compile a will in the form of a notary act. According to comparative law solutions, the notary testament is present in many countries, and taking into account the notaries’ current competences in the field of inheritance, experts consider it necessary.

Legal

The future reform of the inheritance right to provide for a notary will as a separate type of will under the Law on Inheritance.
The notary public, while performing his / her work, is obliged to perform the notary public works freely, independently, independently, professionally and impartially based on the Constitution, law, ratified international agreements and other regulations and general acts based on law.

This also applies to his powers of making a will. The notary public is obliged, as an official act, to refuse to draft a will that is contrary to the Constitution and the law, ratified international treaties, public order and violates the code of professional ethics and morality. The notary public shall not mediate in concluding legal matters or in relation to them giving a guarantee or providing other security to the party. The provision of this paragraph shall also apply to persons employed by him and he shall ensure that they do not do such work.

Find us on Google and BrownBook.