After some research I spoke with a professional on the topic, San Diego Probate Attorney described it like this. With a testimony, the testator is able to express his “final will” and define rules for the inheritance, however a testament can likewise be invalid. With a testament, the testator sets up for the disposal of his properties after his death.In addition, he can likewise determine that the testimony be executed by an administrator. Therefore, the testator has the opportunity to organize his estate in such a way that is different to exactly what is predicted by the statutory rules on intestate succession, which would apply in the absence of a testament.
Nevertheless, it is hard for a layperson to draw up a legitimate testimony, as even the “last will” may be challenged and thus possibly not executed. Officially, there are 2 possibilities for preparing a testament: A notarized (public) testimony or one that is handwritten. The latter should plainly can being associated to the testator. For this function, a signature alone is not adequate.
The testator can also withdraw or modify his testament at any time. Partners are also able to prepare a joint testimony.Inadequate testimonies do not just result in the testator’s “last will” not being executed; they can likewise lead to disputes among heirs. Legal representatives versed in the field of inheritance law can make sure that a testament is drawn up in proper kind and that the instructions are reliable having regard to legal requirements, such as the compulsory statutory share.In the occasion of death, it should be made sure that the handwritten testimony is found.
To this end, it can, for example, be left with the court of probate.
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The Law Firm of Steven F. Bliss Esq.
3914 Murphy Canyon Rd.Suite A202
San Diego, CA 92123
Phone: (858) 278-2800
Fax: (858) 268-8664
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