It's a bitter saying, but unfortunately it's true. To prevent this saying from making sense in our own family, it's worth being aware of the possibility and rules of making a will.
Although many people do not like to deal with their own death, making a will is essential to express our final wishes and ensure the future of our loved ones. Nowadays, more and more people are choosing to make a will in order to have an influence on the time after their death.
A will is a document in which the testator expresses his wishes as to how his property and other assets should be distributed after his death. It provides the testator with the opportunity to determine the order of inheritance for loved ones, family members or other desired persons, thus avoiding legal disputes and misunderstandings within the family.
If the testator did not make a will, the rules of intestate succession apply. This may result in a person receiving the estate, despite our intentions, who we did not want to receive it, or the opposite, meaning that a person who we would have otherwise wanted to benefit from the estate does not inherit anything by law.
This can be particularly problematic if there are complicated family relationships, such as divorced parents, children or other heirs.
With the help of a will, we can not only determine who will inherit from us, but also who will not, that is, who we exclude from inheritance. In addition, a will can also determine the share ratios that differ from those set out in the general rules. With a will, we can prescribe an obligation to be fulfilled by the person receiving the estate for the benefit of a third party, thus ensuring the care of a family member or loved one.
It can therefore be stated that the content of wills is characterized by relative freedom. Of course, there are also prohibited provisions here.
In the case of wills, due to their nature, it is of utmost importance to hire a competent lawyer. You cannot make mistakes with wills, as there is no way to remedy any deficiencies after the testator's death.
The lawyer can also analyze the rules of legal inheritance and assess and determine what content of a will is necessary to satisfy the testator's needs. The lawyer will not only explain all the necessary formal steps, but also help to ensure that our will is expressed precisely and clearly.
It should be emphasized that the legal regulations impose very strict formal requirements on wills. Ignorance or incorrect application of these rules may render the will invalid, which will later create a situation that cannot be repaired and the rules of legal inheritance must be applied, which is exactly what we wanted to avoid by making the will.
Our office specializes in drafting wills, so we have extensive expertise and experience in preparing wills and other inheritance law documents (e.g. inheritance contracts).
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