Preparing your estate: the three types of wills

Preparing your estate: the three types of wills

"I'm 82 years old and, apart from a half-brother, I have no other relatives. All my life, I've quarrelled with my half-brother, who has often lied to me and hidden things about our mother. I don't want him to get my inheritance when I die. How do I go about this?

Subject to the legal limits and conditions, any natural person who is capable of discernment and over 18 years of age has the right to dispose of his or her property with a view to his or her death by means of a will or a contract of inheritance. The essential difference between the two lies in the fact that while a will is the sole decision of the testator, a contract of inheritance requires an exchange of declarations of intent between the testator and a co-contractor. In your situation, a will would therefore seem to be the most appropriate route.

However, the law establishes reserves in favour of descendants, parents, spouses or registered partners, which must be respected. The testator remains free to dispose of the remainder of the estate as he sees fit, known as the available portion. This limit does not apply in your case, since a "half-brother" is not one of the heirs with the right to claim, and nor are brothers and sisters.

There are three types of will: holograph wills, public wills and oral wills. The first is by far the most common. It must be written in full, dated and signed in the testator's own handwriting; the date requirement is one to which particular attention must be paid on pain of annulment on grounds of formal defect, which would be to the advantage of your half-brother who remains your sole legal heir; the medium on which it is drawn up, on the other hand, is of no importance. The second is received by a public official (a notary, for example), in the presence of two witnesses; it must be signed by the person making the will and by the public official. The third form is extraordinary and subsidiary to the other two forms provided for by law; moreover, exceptional circumstances such as imminent danger of death, epidemic or war preventing the testator from proceeding differently are required.

All you have to do is write your last wishes on plain paper, not forgetting to date and sign them, and then make sure that someone finds them so that they can be carried out the day you are called to another heaven. Note that the Justice of the Peace can keep such a document at your request.