Are wills and testaments deed the same term? Or do the two have principal differences? Here are, a full review
Probate / Testament in Western Civil Law
You didn’t mention the law of inheritance you meant. Therefore, we will explain based on the Civil Inheritance Law which is regulated in the Civil code
As explained in the article Can You Be Sued If the Distribution in the Will Is Not Equal? According to the Principles of Civil Law. Probate or testament is the giving of an object voluntarily and without compensation from someone to another person who is still alive to own. In other words, a will is a statement from a person about what he wants after he dies.
All the estate of a person who dies belongs to his heirs according to law, in so far as he has not made a valid ruling. All the estate of a person who dies belongs to his heirs according to law.
The legal provision in question is a will. A will is a letter containing a statement by a person about what he wants to happen after he dies, which can be revoked by him. For those of you who want to find a probate lawyer, you can try using the services of probate attorney Tulsa, Oklahoma will & Trust.
This means, if there is no valid stipulation in the form of a will, then all the property left by the heirs belongs to all the heirs. Meanwhile, if there is a will that is a valid stipulation, the will must be executed by the heirs.
Validity of Will Without a Will
Related to your question what is meant by a testamentary deed is a will.
A will is a testament is an act that meets the requirements of law. Judging from the contents- material- the testament is a statement of will, which only has consequences/occurs after the testator dies, which statement while the testator is still alive can be withdrawn unilaterally.
a will may only be made, by an orographic deed or handwritten in person, by a public deed, either a secret deed or a closed deed. Here is a brief explanation:
- Orographic Will, handwritten and signed by the heirs themselves and then deposited with a notary
- A public will or a will with a public deed must be made in the presence of a notary and two witnesses.
- A secret or closed will at the time of its delivery, the heir must sign its ordinances, either if he wrote it or if he instructed others to write it; the paper containing the stipulations, or the paper used for the envelope, when the envelope is used, must be sealed and sealed and submitted to a notary, in the presence of four witnesses for the making of a deed of explanation thereon
Formally, from some of the provisions mentioned above, the will must be made in writing before a notary or deposited/kept by a notary.
For deeds underhand which are wholly written, dated, and signed by the heirs, a will may be stipulated, without further formalities only for the appointment of executors for burial, for testamentary grants of certain bodily garments, ornaments, and household-specific appliances.
It should be understood that there are certain circumstances so that it is permissible to make a will with a letter underhand as long as the letter is written, dated, and signed by the heir:
- In a state of war, soldiers of other armed forces, who are on the battlefield or in an enemy-occupied place may make their will in the presence of an officer of the lowest rank of lieutenant, or the absence of an officer, in the presence of a person who there he held the highest military position, in addition to two witnesses.
- Persons who are sailing at sea may make a will in the presence of the captain or master of the ship, or when they are not present, in the presence of the person replacing their office in the presence of two witnesses.
- Those who are in places prohibited from contact with the outside world due to the spread of plague or other infectious diseases may make their will in the presence of each civil servant and two witnesses. The same authority is also given to those whose lives are threatened by sudden illness or accidents, insurrections, earthquakes, or other natural disasters, but with certain conditions.
The conditions of formality outlined in the articles mentioned above must be implemented. Otherwise, the will is threatened with an annulment.
So, to answer your question, a will and a testament are two things that are related to each other where probate will not be valid if it is not realized in the form of a will. Or in other words, if there is no will, then all the property left by the heirs belongs to all the heirs. Meanwhile, if there is a valid will, the will must be executed by the heirs.
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