Cancellation of a will

To cancel a will, we need to know what a will is, and we also need to know how many types of wills there are.

Every person has the opportunity to seize his property and assets as long as he is alive and living. He may have desires and goals throughout his life that he has not achieved. Therefore, in practical legal discussions, it has been foreseen that an individual can organize his financial and non-financial affairs before his death for after his death, which is called will.

Types of wills

A will is divided into two types: Possessory will and Contractual will.

Possessory will

It means that a person owns the same or a benefit of his property for another time after his death for free. In fact, this will help the person to determine the obligation of his property after death. For example, allocate them to build a mosque, school or charity.

In a possessory will, the condition of acceptance is necessary for the subject of the testament to be possessed by the testator. That is, the testator must accept the will that has been made in his favor. For example, if the testator has bequeathed his house in favor of his child who must accept the will in order for the house to be owned by him.

It should be noted that the acceptance of the testator must also be the criterion for action after the death of the legator. Even if he accepts the will before the death, the testator may refer to his will. Therefore, our criterion for fulfilling the will is to accept the testator after the death of the legator.

On the other hand, if the testator rejects the will before the death of the legator, the person can accept it after the death, and if he accepts the will after the death of the legator, he can no longer reject it.

If the testator accepts the will before the testator dies and the testator rejects the will during his lifetime, it is no longer necessary to accept it again after his death.

If the will is for public benefit, such as the will to the poor and needy, their acceptance of the will is not a condition. Also, in case of a will to a minor and insane person, it will be the responsibility of the guardian to reject and accept the will.

The heirs cannot take possession of the property until the testator has accepted the will and has doubts about it. However, if the testator’s decision is long and causes damage to the heir’s property, the judge can force the testator to announce his decision to reject or accept the will as soon as possible.

Contractual will

It means that a person assigns one or more persons to perform tasks and seizures after his death. It is as if a person is his guardian to pay his debts after his death. In a contractual will, a person who has been chosen as a guardian over a minor or other work by will is called a testator. Thus, in a contractual will, the testator appoints a person or persons to manage his property or to take care of his children after death, and entrusts him with the responsibility of carrying them out.

Legator conditions

The testator must be qualified, meaning that he or she must be in possession of his or her property and have reached the legal age. On the other hand, the testator can return from his will. Or, after making a will, he makes another will, in which case the second will is accepted and executed.

If a person commits suicide and acts that cause his injury and destruction, and then makes a will, if he dies as a result of this injury, the will is inept and no legal effect will be imposed on it. Because the will was done with malice.

The condition of the testator

A testator is one who has been bequeathed to him and in his favor. Therefore, it must exist in order to be able to own the interests or objects that have been bequeathed to it. Therefore, it is not possible for a person to die for the benefit of a person who has died or has not been born yet.

By the same token, the fetus must be born alive in order for the will to be valid for him. In this case, the property goes to the heirs of the fetus who are the same parents or other members of his family.

Terms of Executor

The testator can appoint one or more executors to carry out his will. And in case of multiple executors, they must comply with the will. The decisions are shared, decided, done together and with the consent of each other, in which case the action of one of them is not valid without the consent of the others.

If several wills have been appointed but the executor has specified that each of them should decide and act independently, in this case each of them must do the will alone.

Conditions of Testatrix

As we have said, testatrix is the same money that was bequeathed. This property must have a tax and a rational benefit, and should be something that can be valued and a custom has been considered a benefit for it. One cannot bequeath another’s property to oneself. The will must also be made up to one-third of the property and is mostly subject to the enforcement of the heirs.

Cancellation of a will

To revoke a will, the testator must have the authority and permission to seize his property. If the testator issues a second will over his first will, the first will is void. The testator must have tax and rational benefit and be transferable and must be in the property of the testator and not belong to a third party. Also, a will on illegitimate property has no invalidity and no legal status. The will of the deceased is valid only for one third of his property, and if other heirs disagree with the provisions of the will, they can request annulment. In addition, any corrosion, varnishing or damage will invalidate the will.

If you have any questions about the types of wills and related provisions, or need guidance in enforcing a will or its provisions, our experienced counselors and attorneys at the Asia Lawyers Group will answer your questions.