Pourquoi préparer son testament avec un notaire ?

Pourquoi préparer son testament avec un notaire ?

Le testament doit contenir un certain nombre de mentions indispensables pour organiser la succession de la personne. De quoi s’agit-il au juste, et quelles sont les bonnes raisons de s’adjoindre les services d’un notaire ?

Quels sont les éléments d’un testament ?

Le testateur doit faire figurer les bénéficiaires de son testament dans ce document. Il doit détailler les parts de patrimoine qu’il leur destine, en nature ou en numéraire, ainsi que la répartition de legs entre ses héritiers. Il est à noter qu’un testament ne concerne que les biens mobiliers et immobiliers qui lui appartiennent. Pour être fixées sur la question, les personnes qui habitent le sud de la France peuvent par exemple faire appel à un notaire testament Hérault.

Il est aussi à souligner que le testament ne permet pas d’évincer totalement les héritiers protégés par la loi même s’il donne la possibilité de favoriser certains héritiers ou des tiers à la succession.

En effet, les descendants (enfants, petits-enfants, arrière-petits-enfants) ainsi que le conjoint vivant non divorcé ont automatiquement droit à une part d’héritage appelée réserve légale. En l’absence de descendants, le testateur peut disposer librement de l’ensemble de ses biens. Il peut également désigner un exécuteur testamentaire, qui sera alors chargé de veiller de procéder à l’exécution de ses volontés, dans son testament.

Rédiger ses dernières volontés avec l’aide d’un notaire

Il existe plusieurs formes de testament. Considéré comme étant le plus sûr, le testament authentique est établi par un notaire en présence de deux témoins et d’un autre notaire, et doit être signé par le testateur. Le notaire écrit le document sous la dictée de son client, et le relit pour les personnes présentes qui doivent aussi le signer, sauf si le client est incapable de le faire. Avec le testament authentique, les formes requises par la loi sont respectées.

Le testament mystique, qui est plus rarement utilisé, a l’avantage de rester secret. La personne le remet au notaire dans une enveloppe fermée en présence de deux témoins. Elle est don la seule à connaître le contenu, et le notaire ne peut pas garantir son efficacité juridique. Le testament olographe, qui est le plus courant, est, quant à lui, un document écrit, daté et signé par le testateur. Simple et peu coûteux, il peut cependant être contesté voire annulé quand il n’est pas rédigé avec l’aide d’un notaire.

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