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13/08/2022

What are the Types of Wills

Rabia Ekşi Uncategorized @tr alanya, antalya, law, lawyer, mahmutlar

Types of Wills

Wills are of 3 types. A formal will is a hand-written will with an oral will. An official will is a will drawn up with the participation of an official official in accordance with the forms prescribed by our Civil Code. In order for the will to become official, the participation of an official authorized by law is mandatory. An official will is drawn up with the participation of two witnesses and an official official. The qualifications of the witnesses are also determined by law. Accordingly, the spouse of the inheritor, the lower bloodline, the upper bloodline, the spouses of these persons, their brothers, those who are prohibited by a criminal court decision, those who cannot read and write, those who do not have a de facto driver’s license cannot participate as witnesses. The official will is of two types, the will that will be made by those who can read and write and the will that will be made by those who cannot read and write. In the will to be drawn up by those who know how to read and write, if it is prepared in advance by the inheritor, it is delivered to the official officer, the officer signs the will delivered to him by putting the year, month, day and makes it official. If it has been prepared in advance, the bequeathed a statement to the officer personally about his desire and what he wants to say, the officer gives the prepared report to the testator, reads and signs it and makes it official. The approved will is re-read by the officer in the presence of witnesses in such a way that it indicates that the will has been read and contains the last wishes of the bequeathed. Witnesses do not need to know the contents of the will. In the will of those who cannot read and write, the bequeathed informs the officer about their desires.After the official officer prepares the report, he reads it to the testator in the presence of two witnesses.It is approved and maintained.

A hand-written will, on the other hand, is a will that the testator signs completely from beginning to end by putting a date in his own handwriting. There is no obligation to deposit such wills to the officer. However, despite the measures of loss, falsification and alteration, it can be handed over to a notary, a magistrate judge.

An oral will, on the other hand, is made in extraordinary cases if there is no other way to make a will. The presence of two witnesses is required. The testator inform the two witnesses of his last wishes. What the testator says will be written by the witness or printed later. The witnesses then hand over this written will to the Magistrate or the Judge of First Instance. In order for the oral will to be valid, it must be submitted to the court immediately after death. It is required that those who will witness the will be literate.

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