Everyone has the right to dispose of his property at his own discretion. A will is the will of the testator, which he expressed during his lifetime in writing and certified by a notary or executed in a notarial form. In the event of the division of property after the death of the testator, only the last will by date is valid. To find out whether there is a will or not, you should submit documents on the acceptance of the property to a notary office.
It is necessary
- - application for the acceptance of the inheritance;
- - documents of the testator;
- - your documents;
- - documents for property;
- - inventory of property.
Contact the notary office at the place of residence of the testator. If you do not know his last place of residence, then the documents can be submitted to the notary office at the location of the most valuable share of the property.
Write a statement of acceptance of the inheritance by law. Submit your passport, birth and marriage certificate, death certificate, extract from the house register and personal account from the testator's place of residence, inventory of property.
If you do not have any documents or do not have any documents at all for accepting the inheritance, then you are obliged to provide notarial assistance in their restoration or receipt (the law on notaries).
You must submit an application for acceptance of the property within 6 months after the date of death of the testator. After 6 months, the deadlines are considered missed, they can only be restored in court.
If the property of the testator is transferred to one person or a group of persons by will, the notary will announce this to you and read the will.
If the testator was declared legally incapable during his lifetime, then his will in the form of a will is considered illegal and the will can be challenged in court by submitting a decision on the legality of the testator for consideration by the court.
During the life of the testator, you cannot find out if there is a will. The will of the testator is kept secret and is announced to all heirs only after his death.
The will is always drawn up in duplicate, therefore the second copy is kept by the testator. If you have access to his official papers, then you may well find the will and get acquainted with the will, but if he is still alive, then it is not at all a fact that the will you found will be his last will. Therefore, in any case, the last word can only be said by a notary after the death of the testator.