How to avoid an invalid will?

8 factors to consider in order to avoid drafting an invalid will   It is fair to say that the most memorable events in a person’s life are the unexpected twists and turns of fate, which, when they occur, provide a sense of security in knowing that the material and moral assets built up over a lifetime are safe. The best way to ensure that the unpredictability of the future becomes a certainty is to write a will, as this is the best way to reflect the testator’s wishes. However, it is essential that the will is written in the right way, otherwise the will, which is the basis of security, can easily become the starting point for conflict between relatives and thus a source of damage to relationships. In this article we will look at eight points that can guide you through the maze of writing and drafting a valid will.    In order to draft a valid will, it is important to be aware of the different types of wills, as the way in which they can be made and the way in which they are made vary according to the type.   Public service regulations Written private will Holograph, so-called handwritten will Allograph, a will written by someone else Will deposited with a notary This is a will drawn up by a notary. It is important to note that only a person who is blind, illiterate or unable to read or sign his or her name can make a valid will of this type. Handwritten in the testator’s own hand, handwritten from beginning to end and signed by the testator himself, and, if there are several pages, numbered individually. A will written on a computer or typewriter, or a will drawn up by a solicitor. It must be signed by a witness and by the testator, and the pages must be numbered consecutively if there are several. In the case of allographic and holographic wills, the testator has the option of depositing the will with the notary in person.   One of the first things that the notary will check when the testator dies, i.e. when the estate is opened, is whether the testator had a will, because the succession begins with a testamentary succession in the first instance. If the testator did not make a will or if the existing will has been successfully contested by a person who would have inherited if the will had been invalid, the legal succession takes the place of the will and the succession goes first to the descendants and the spouse or, in their absence, to the ascendants.    The will must show that the testator made it personally and that it contains a declaration in the event of his death, all of which are grounds for the document to have testamentary status. In the absence of these elements, the will cannot exist. The existence of these conditions is mandatory in the probate procedure and must therefore be verified by the competent authority, since the question of the validity and effectiveness of the will can only be raised afterwards.     On the basis of the wills drawn up by our office and the wills we have seen in various probate proceedings, we have compiled the most important points to be taken into account when drawing up a will. It is important to note, however, that even if these rules are followed, it is still worth consulting a lawyer with experience in inheritance law to ensure that, in addition to the correct formalities, the content of the will fully reflects the testator’s wishes and complies with the relevant legislation.    The 8 factors can be broken down into 4 to 4 parts to ensure that the best possible will is drafted, both in terms of form and content.   Formal aspects Content aspects Externally by the testator, signature of the testator  Date or time of issue can be deduced   Signature of witnesses if not in own handwriting  Page numbering in the case of a multi-page will. Allowance for witnesses  Issue of disqualification or exclusion  Imposition of a mandatory contribution  Unethical, incomprehensible, impossible and contradictory conditions   How can from a legal point of view a will be formally correct?    When the idea arises that someone wants to leave their assets to their own will rather than to the standard regulations under the law of succession, the first thing to consider is exactly what assets should be settled. In the case of handwritten wills, it is more likely that no one knows about the existence of the will and that the notary is not notified of it during the probate procedure, or that even if the notary is aware of its existence, the formal elements do not comply with the rules of validity, which means that the will cannot be taken into account. This lack of formality may relate to the signature of the testator or of the witnesses (if the will is not written in the testator’s own handwriting) or to the continuous numbering of the pages, possibly with an indication of the date.    For all these reasons, it is advisable to seek the advice of an expert when drafting a will, who will be able to advise on the formalities and also on the content, since the will may fail the test of validity on the basis of its adequacy. Another important point is that, in the case of a simple will that has been legally verified, the notary is entitled to state in the probate proceedings that, in the absence of the will, the estate will be transferred in accordance with the legal succession procedure. However, it should be stressed that only the court has the power to declare the content of a will invalid in its judgment in an action for the invalidity of a will.    What should be done if the testator wishes to leave his assets to a person of his