Where there is a will, the estate will, in principle, be divided according to the provisions of such will, provided that it does not interfere with the legally reserved portion for dependants.
A will is particularly important when you wish to (1) leave some or all of your estate to a person or organization other than your legal heir or (2) divide the property among heirs according to your wishes rather than the statutory formula for intestacy.
If you decide to make a will, it is recommended that you make a notarized will rather than a holographic (handwritten) one because an original copy of the notarized will be stored safely at the notary’s public office.
Another advantage of a notarized will is that probate at the Family Court is not required in order for inheritance to commence under it. It is also less likely that the formality of a notarized will would be challenged by heirs, meaning there is a better chance your express wishes will be followed to the letter.
We draft notarized wills and provide assistance in English where necessary. We also advise how to make a holographic will that will satisfy all the requirements of the civil law.
We execute wills upon request by clients.