When a person wishes to decide how their property should be distributed after death, this can only be done by virtue of a will made before a notary.
The person making the will, referred to as the testator, may appoint heirs to receive the whole estate and may also leave particular items, known as legacies, to named individuals. However, spouses and/or children are entitled to a reserved portion of the estate, which cannot be freely disposed of. A testator may make a will either individually or, if married, jointly with his or her spouse in the form of a will unica charta.
The contents of a will remain private and are only made public after death. If someone dies without ever making a will, their estate is settled according to the rules of intestate succession. It is essential for discussions between the testator and the notary to be candid and confidential, ensuring the will accurately reflects the testator’s wishes.
