Want to know how to create a valid will? Learn here how to organize your assets and ensure that you allocate them to the people you love!
Certainly, learning how to create a will is one of the safest and most effective actions to ensure that you distribute your assets according to your wishes.
In other words, a valid will provides peace of mind for your loved ones and ensures that you preserve your legacy the way you want.
To learn more, continue this quick read to learn how to meet legal requirements, as well as best practices to avoid family disputes and legal problems.
Step by step guide to creating a valid will
First of all, the testator must follow some guidelines and formalities required by law to consider the will valid.
Choose the type of will
First, choose the type of will that best suits your situation.
In other words, consider the level of confidentiality you want to maintain and the practicality of the process.
However, it is important to highlight that the public will is the most popular, as it offers more security as it is registered at a notary's office.
Be clear and specific
Secondly, it is essential that the content of the will is clear and precise to avoid misinterpretation.
Furthermore, define who the beneficiaries will be, what assets or amounts each will receive, and leave no room for doubt.
- Name of heirs: Include each person's full name and, if possible, identification data, such as CPF or RG.
- Distribution of Goods: Specify what each heir will receive, including details of assets.
Compliance with legal requirements
Furthermore, requirements vary depending on the type of will, but in general, the document must:
- Be done by a capable person (over 18 years of age or emancipated and with full mental faculties);
- Respect the “legitimate”, that is, 50% of the assets must be destined to necessary heirs, such as children, parents or spouse;
- Get signed by the testator and, depending on the case, by witnesses.
Consider the presence of witnesses
Above all, in the case of a private will, for example, the presence of three witnesses is mandatory for it to be valid.
In fact, trustworthy witnesses must be present to ensure that the testator signed the will of his own free will.
Register the will at the Notary's Office
Although it is not mandatory to register a private will at a notary's office, it is recommended to register the document to guarantee its validity and facilitate the fulfillment of the expressed wishes.
Under the same point of life, Registration makes the document more secure and reduces the risk of dispute.
In other words, a lawyer can help you avoid legal problems and ensure that all formalities are followed.
Frequently Asked Questions About Creating a Will
1. Can I make a will if I only have a few assets?
Yes! In fact, the value or quantity of assets is irrelevant. If you have someone in mind to receive these assets, it is worth making a will to ensure this distribution.
2. Is it possible to include a charity in a will?
Yes, you can donate part of your assets to charities, if you respect the “legitimacy” of your necessary heirs.
3. Can a will be annulled?
Yes! It is possible to contest a will that does not meet the legal requirements or where there is suspicion of fraud or coercion.
Therefore, following the steps correctly and, if possible, registering the document at a notary's office is essential.
Now that you know how to create a will…
How about starting to plan your next steps right now? Consult a trusted professional and think about the details you want to include!
Undeniably, as difficult as it may be to think about the future, taking this initiative is an act of responsibility and affection towards your loved ones.
But, by following our tips and ensuring that the document complies with the legislation, you provide security and peace of mind for yourself and your family!