Sunday, January 25, 2015

It often happens that the elderly (few people at a young age the thought of will) present with a request for information about the inheritance because they want to write down the last will in such a way that there was no dispute between loved ones, or that there was no doubt who inherits. Someone says they should go to a notary, not a lawyer. Yes and no. It is true that the lawyer does not make a notarial testament (it can only notary), but again, the notary does not give legal advice in so far as it does a lawyer (or another lawyer). Why Advice? Not everyone knows that sometimes making a will is not necessary to achieve the desired effect. A friend from the neighborhood asked me to address a notary public good. A normal thing, but after a while the conversation turned out that the lady neighbor wants to make a will in which the testator only had to be her son. In the circumstances it was a neighbor, and so the only person who inherits the Act. One sentence - a testament time is needed.


Justification is completely different advice in complicated circumstances the future of the testator. A lawyer can explain the consequences of the provisions of the will, but also advise on the most matching solution to the client's situation. It can also draft a will, the notary will serve as a basis for the preparation of a notarial testament. Also advise a lawyer working with the notary, so that there were no changes to distort the purpose of the testator. Unfortunately, I experienced a situation in which the will of the two-stage fine-tuned the substitution, subscription and executor, and the notary (the last time I recommended his office to anyone) persuaded site that is the best testament to the simplest. The end of the story was that the party made a will notarized at his wife (and so inherit the bill!), And a month later (already with another notary) made a will in its original version (the complex), as another testament was not living in a situation of the testator any sense. I'm writing a notarial testament still on, but of course this is not the only form that allows making a will. However, with more complex inheritance rozrzÄ…dzeniach notarial testament seems to be a form - so to write - the safest.

It is the drafting of a will consider various scenarios of life, and to put it bluntly - different order of death. Even the improbable. It's hard sometimes to find the perfect solution for the customer, but the lawyer is to show the customer the consequences of the pros and cons of various options. The decision is always taken by the customer. To make that decision - you need to understand the consequences of his testamentary dispositions, and if "adverse" order the death of the persons concerned have prepared alternatives (of course, the same will).
In summary, a lawyer can come in handy.

 

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