How can I ensure that my last will is actually implemented?
July 21, 2022 | 40,00 EUR | answered by Mia Widmann
Dear attorney specializing in inheritance law,
My name is Paul Hofstetter and I am facing the challenge of establishing my last will and ensuring that it is implemented as intended. I want to ensure that my wishes are respected and my estate is distributed according to my desires.
In terms of my current situation, I have no direct heirs as I do not have any children and my parents have already passed away. My assets mainly consist of real estate and valuables that I would like to pass on to specific individuals from my closest family and friends. Additionally, I also want to designate who should make decisions regarding my medical care in the event of my passing.
The current situation is that I have not yet drafted a legally valid last will, and I am concerned that my wishes may not be honored after my death. I want to avoid any disputes or uncertainties regarding my estate after my passing.
Therefore, I am reaching out to you as an expert in inheritance law: How can I ensure that my last will is legally valid and actually implemented? What legal steps do I need to take to make my wishes binding? Are there specific wording or documents that I should use to clearly and unambiguously state my last will?
I thank you in advance for your support and guidance in this important matter.
Sincerely,
Paul Hofstetter
Dear Mr. Hofstetter,
Thank you for your inquiry and your trust in my expertise in the field of inheritance law. It is understandable that you are concerned about how to ensure that your wishes regarding your estate are respected and implemented. It is important to make arrangements early to avoid disputes and uncertainties after your passing.
To ensure that your last will is legally valid and actually implemented, there are various legal steps you can take. Firstly, it is important to draft a will. In a will, you can specify exactly who your heirs should be and what assets or items you wish to leave to them.
There are basically two types of wills: the holographic will and the public will. A holographic will must be entirely handwritten, dated, and signed. It should be clearly and unambiguously worded to avoid misunderstandings. A public will, on the other hand, is drawn up before a notary who certifies the testator's statements and ensures that the will is formally correct.
In your case, since you have no direct heirs, it is particularly important to formulate your will precisely and clearly. You can leave your real estate and valuables to specific individuals from your closest family and friends circle and also specify who should make decisions regarding your medical care in the event of your passing.
It is advisable to seek advice from an experienced inheritance lawyer when creating your will to ensure that all legal requirements are met and your last will is legally valid. The lawyer can also help you add specific wordings or clauses to clearly and unambiguously capture your wishes.
In addition to the will, you can also create a power of attorney for medical matters to ensure that the right individuals can act on your behalf in case of your incapacity to make decisions.
Overall, it is important to make arrangements early to ensure that your last will is respected and implemented. With careful planning and professional legal advice, you can ensure that your estate is distributed according to your wishes.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Mia Widmann
Inheritance Lawyer
