The time to make a will can be quite complex and raise a number of questions. In order to know how to make a will, and for it to be valid, you must follow certain steps. 

In this article from Accountants in Braga, find out what steps you should take and their importance, so that you can have a valid will, and thus see your inheritance duly distributed. 

A will is a legal document that outlines how a person's assets should be distributed after their death, and who should be responsible for carrying out these wishes.

A will is a document where a person declares how they want their assets and rights to be distributed after their death. In this way, the person can determine the destination of your assets and rights, as the division of Property, money or shares. 

A will is used to distribute your assets after your death.

The importance and usefulness of a will are based on expressing a person's wishes regarding how they want their assets to be divided. This situation allows a person to choose to leave their assets to whomever they deem fit and who they believe can best safeguard them. 

Existem dois tipos principais de testamento em Portugal: o testamento público e o testamento cerrado. O **testamento público** é aquele que é feito pelo testador perante um notário, que o lavra em escritura pública. É a forma mais comum e segura de testar, pois o notário assegura a legalidade e a clareza do documento. O **testamento cerrado** é aquele que é escrito pelo testador (ou por outra pessoa a seu pedido) e que é depois apresentado ao notário para aprovação. O testador deve declarar ao notário que o documento contém as suas últimas vontades, mas sem revelar o seu conteúdo. O notário lavra um auto de abertura e aprovação do testamento, que é assinado por ele e pelo testador, e o testamento é depois entregue ao testador ou a um terceiro de sua confiança. Além destes, existem também formas especiais de testamento, como o testamento feito em viagem marítima ou aérea, ou o testamento militar, mas são menos comuns.

The will can take various forms. In Portugal, two types of will stand out:

Public will Will drawn up by a notary in a notary's office. 

Closed will written and signed by the testator, which they take to a notary for approval. 

The difference between a will and an advance directive (living will)?

Although they share a name, the inheritance testament and the living will have completely different purposes within law and practicality.

Will of Inheritance (or Common Will)

It is the traditional will, regulated in the Civil Code, which aims to dispose of a person's assets after their death. It can include:

• Distribution of assets to beneficiaries (legal or testamentary);
• Nomination of heirs or legatees;
• Establishment of trusts, charges, etc.

Living Will (or Advance Directive)

Regulated by Law No. 25/2012, the living will, is a document in which a person, while alive, declares what healthcare they accept or refuse to receive, should they become incapable of expressing their wishes in the future (for example, in a coma or with a terminal illness).

• It can include decisions on resuscitation, artificial ventilation, forced feeding, etc.
• Could you name a Healthcare Advocate who acts on your behalf.
• Sign up RENTEV
• It's not about inheritances or assets.

Anyone who is of sound mind and has reached the age of majority can make a will.

Anyone of legal age and without any mental condition can make a will. Minors under 18 can also make a will, provided they have the proper Legal emancipation. 

Rules for a valid will?

For a will to be valid, there are essential points: the testator must have legal capacity to do so, and the will must comply with the law. 

In detail, the aforementioned points are as follows:

• The tester must be of sound mind and over 16 years of age.
• The testimony must reflect the true will of the testator.;
• There must be witnesses, and they must be adults and competent, in addition to being duly identified. 

Where and how to register a will?

A will can be registered at a public notary's office. Central registry offices are also an option to consider. 

• In the case of a public will, it can be registered at a notary's office;
• The closed testament is made and signed by the testator or by another person at their request. It must then be approved in a public notary's office;
• To find out if there is a will, you can make this request at the Central Registry Office, and then it can be done online or at a counter. 

For the record, there is documentation that you must have. Therefore, you must have the following documents:

• Death certificate (if the testator has passed away);
• Citizen's card or other identification document;
• Other relevant documents such as a power of attorney.

Can I revoke or change my will?

Yes, it is possible to revoke a will. This revocation can be made while the testator is alive and of sound mind, and this revocation can be made in a new will or in an express public deed. 

However, revocation is not a single definition. There are various types of revocation, thus presenting differences between them, as is the case with: 

• Actual revocation: If a closed will is lost, it can be considered revoked. 
• Automatic revocation The tester can foresee situations where a will is automatically invalidated, such as divorce. 
• Tacit revocation: If there is a previous will that is not compatible with a more recent one, the older provision is void. 
• Express revocation Through a new will, the testator can declare that they revoke the previous will. 

No Lawyers in Braga find specialist lawyers, thus having at your disposal lawyers fully ready to inform and assist you with anything you may need regarding the process of wills. 

As vantagens de fazer um testamento com um advogado incluem orientação especializada, garantia de que o testamento é legalmente válido, minimização de conflitos familiares, planeamento sucessório eficiente e segurança em casos complexos.

A solicitor is an asset when it comes to making a will. There are several advantages to having a legal professional in situations of asset allocation, notably:

Legal certainty A solicitor ensures all procedures are followed, thereby preventing the will from being considered invalid. 

Clarity and precision The lawyer helps to draft the will clearly and accurately, avoiding conflicts between the heirs. 

Expert guidance A legal professional can advise the testator on the best options for distributing their assets. 

Will update: Keeping a will up to date, as the testator's needs change, is also one of a solicitor's functions. 

Customisation A lawyer's work is based on the specific situation of their client, ensuring that they assist the testator in having the document properly drafted. 

Conclusion 

A will is defined as a document in which a person explicitly states to whom they wish to bequeath their assets, that is to say, their inheritance. This will can be closed or public, depending on who draws it up or where it is drafted. 

A notary's office or a central registry office are places where a will can be registered. This document can be revoked, for example, in situations of divorce, where it is automatically cancelled. 

Having a solicitor present during the drafting of a will is very important. This professional is crucial for guiding the process at a bureaucratic and legal level, as well as being of great assistance in writing the will, to ensure it is properly executed.