In the event of the death of the testator, the estate is handed over to a notary who decides on the basis of the documents available to him or her. He searches for the heirs, obtains an inventory of the estate and holds a probate hearing.
There are several issues that may arise during the probate process, and a legal representative can help. At our law firm, we can provide information on the rules of the probate process, help you enforce your rights within the statutory time limits and represent you throughout the entire process, including the probate hearing.
Legal representation is particularly important when the succession is based on a will. In such cases, it is not uncommon for disputes to arise between testamentary heirs and the legal heirs who would have inherited in the absence of a will. In addition, the validity of a will is often the subject of litigation. The role of wills is therefore of particular importance in the probate procedure.
The wills
Wills are divided into public wills, written private wills and oral wills.
In everyday life, the most common type of will is a written private will, which can be written by the testator himself or by someone else. From a legal point of view, however, it must meet a number of validity requirements. If the testator writes his will himself, he must write and sign it in his own hand from start to finish, and a will written by someone else must be signed in the presence of two witnesses and bear the signatures of the witnesses. The requirements also include an indication of the time when the will was made and the numbering of the pages.
Since wills are the most common cause of succession disputes, it is useful to have a lawyer involved in their preparation, thus preventing disputes or, if they arise, making it easier to prove the validity of the will.
What can we help you with?
- Preparing a will
- Review of files, estate inventory
- Providing legal advice on succession law
- Contacts with the acting notary
- Representing a client in proceedings before a notary
- Representing a client in succession proceedings
