The law allows people to regulate to whom and how their assets will remain after their deaths under certain circumstances. This is called death-related savings.
What is a Will?
It is called a testament to explain the declaration of will, either verbally or in writing, to be given to the person or persons whom he wishes after his death. In other words, after a person’s death, a will will be issued if he / she organizes his / her own assets to the person or persons he wishes to be distributed orally or in writing.
How to Edit a Will?
There are 3 types of wills in the Inheritance Law, which are regulated by the Civil Code. The variants of these wills differ in their arrangement. These:
- Official Will
- Handwritten Will
- Verbal Will
What is an Official Will and How is it issued?
he official will is made before the official officer. As the official will is made before the notary public, it is possible to say notary public officials. In addition, judges and those authorized by him can also be qualified as official officials. A person who wants to issue a will in front of a notary public will be asked for a medical report by the Notary public that his mental health is in place.
At the same time, together with the official, two witnesses must be witnessed during the preparation of the will. The official will is issued in article 532 of TMK. It is not possible for the people who are wanted to witness to take part as a witness in the arrangement of the will if they do not have a de facto license, are prohibited from public service, do not read and write, if the inheritor is a spouse or a descendant or brother. At the same time, these people cannot be witnesses, nor can they serve as officials.
If these persons work as witnesses or official officers in the preparation of the will, the will will be disabled, and in case of proof of this situation, the cancellation of the will may be requested in the future.
What is Handwritten Testament and How is it issued?
If the person wishes to edit his will in handwriting, then it is mandatory to write the entire will in his own handwriting. In other words, it is not a testament that is not written in your own handwriting. For example, the will written by computer or typewriter will not be in handwriting. In addition, not only should it be written in handwriting but also the date of the day and the signature of the person should be written. While the person is throwing the date, he should explicitly throw the month, day and year. Again, the signature that he will make must sign with his handwriting. Printing the stamp or fingerprint of the person is not valid.
It does not matter what language the will is written in handwriting. The person can use the language and writing style they wish. The most important thing for the will to be valid is that the handwriting is legible.
What is Oral Testament? How Is It Organized?
Verbal will is more different than the other two will types. Because verbal testament can only be issued in exceptional cases. In addition, it can be done in cases where it is not possible to make another will except orally. Examples of such situations are being in a state of war, a person’s risk of death or inaccessibility. Extraordinary states are also specified in article 539 of TMK.
Two witnesses are needed in the verbal will. The person tells his requests after the death of the two witnesses and asks them to be prepared as a legitimate and valid will.
Here again, the witnesses must have a de facto license, not be banned from public service, have no descendants of the upper and lower, and no siblings. The lack of reading and writing here does not prevent witnessing.
If the witnesses agree to be assigned for a verbal will, they can act in two ways to implement the will. First of all, they must submit the verbal will of the person to the Judge Judge or the Civil Justice Judge by submitting the verbal testament they have written. The witnesses have to state the date and sign their own while writing. As a second option, they can ask the officials to make a verbal statement without losing time, without losing time.
We also mentioned three kinds of testaments in the law. However, who can issue a will and if there are any conditions for editing the will, we should also specify what happened. Let’s examine them in order.
Who Can Edit the Will?
First of all, people who do not have the power to discern can not issue a will. In other words, the person who wants to edit the will must first have the power to distinguish. The testament issued by a person who does not have the power to distinguish spontaneous nit