Enforcement of a will

Enforcement of a will

Enforcement of a will means the approval of the will through the relevant authorities.

Types of wills:

A will is divided into three types: autobiographical, formal and secret:

• The official will is prepared in the official document offices and has the validity of an official document.
• A will is written in the handwriting of the testator and has a date, day, month and year in the handwriting of the testator and is signed by him. It should be noted that the fingerprint and seal of the testator are not valid.
• A secret will can be written in the will of the testator or another person, but in any case must be signed by the testator and after preparation in the registry office or the notary public to be entrusted and the testator or heir of each can return it whenever they want. An illiterate person cannot make a secret and testamentary will.

Objection to the will:

An official will which has the legal validity of official documents, cannot be challenged except in exceptional cases, such as citing the incompetence of the notary public or the testator at the time of preparing the document, and so on. However, a secret will and autograph can be challenged and approved by the heirs. Pursuant to Article 291 of the Code of Civil Procedure and the Unity of Procedure, the General Assembly of the Supreme Court stipulates that an ordinary will (both secret and autobiographical) can be approved and enforced by a court if the interested parties acknowledge its validity, even if there are other positive reasons, such as the testimony of witnesses, the validity of the ordinary will cannot be ruled and the court will not be allowed to approve and enforce it. If a number of interested parties enforce the will and others do not approve it, the provisions of the will are valid and enforceable only for those who have approved it and acknowledged its validity, and can be applied to others who have not approved it; other than the above, the will to approve and enforce the will cannot be heard.

Also, if you have any questions about revoking a will, refer to the article on revoking a will or contact our consultants at the Asia Lawyers Group.

If you have any questions about the application for enforcement of the will and the rulings related to it, or if you need help in drafting its provisions, our experienced consultants and lawyers at the Asian Lawyer Group will answer your questions.