Will

When a person wishes to dispose of their property after their death, the only way to do so is by means of a will made before a notary of their choice. Spouses have the option to make a joint will, known as a will unica charta.

To make a will, a person needs to be capable of understanding and volition and must not be subject to any legal incapacity. As long as a person remains capable, they may make any number of wills that revoke, in whole or in part, previous wills, or that add to or amend them. A person’s succession is regulated by whatever will, or part thereof, remains in effect at the time of their death.

When a person dies without ever having made a will, or with a will that has been revoked or rendered ineffectual, their succession is regulated by the law of intestate succession. In such cases, the deceased’s ‘heirs-at-law’ are their next of kin.

A person making a will — a testator — may institute heirs to succeed to all assets and liabilities, and may bequeath specific things — legacies — movable or immovable, to identified persons. The spouse and/or children of a testator have a reserved portion of the estate, of which the testator may not freely dispose.

Other dispositions a testator may make include those in favour of soul or monetary legacies in favour of religious or charitable institutions.

It is important that discussions between the testator and the notary be free and open, albeit confidential, so that the notary may draft a will that best reflects the testator’s wishes. The contents of a will do not become public until after the testator’s death.