Adam Florczak.  Holograph; Notarial; Allograph; „Ordinary” will; Oral; „Emergency” will; Types of will.

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Presentation transcript:

Adam Florczak

 Holograph; Notarial; Allograph; „Ordinary” will; Oral; „Emergency” will; Types of will

  The appointment of an heir is not a formal requirement.  May contain any kind of proprietary provision  May contain provisions wchich do not have proprietary effect Content of a will

  On the testator’s death, the will is officially „announced”  Anyone who is in possesion of a will must deliver it to a court  The will itself and a transcript of the announcement are stored at the court with the notary. Publication after death

  They’re common in practice  Such will is handwritten by the testator, signed and dated.  A failure to use handwriting invalidates the will.  The will needs to be signed by the testator.  A handwritten will must contain a date. Holograph wills

  It is governed by Law on Notaries.  Notarial will give the day, month and year of the act.  Notarial act has the quality of an offcial document only if it complies with all the requirements of the said law.  Any infringment of the Law on Notaries results in invalidity of the will. Notarial wills

  It must contain the place of the act, the name and the place of operation of the notary, the first names, family name, and place of residence of the testator, and the names of his or her parents. Construction of notarial will

  The will is received by a nominated official  Presence of the official and 2 witnesses is necessary  Certain persons are ineligible to act as witnesses  Failure to comply with a formality results in invalidity Allograph wills

  The oral will is the only emergency will with continuing relevance for modern practice  The will must be declared in the conccurent presence of at least three qualifying witnesses.  The will has to be ascertained. Oral wills

  The testator communicates his or her tesentary intentions to thhip’s ( or aircraft’s) captain or deputy in the presen of two witnesses. Wills made on board a ship or aircraft

  Can only be made at time of war, mobilization or captivity.  The will is communicated orally to a military judge, who records the statement in writing. Military wills