Tận Cùng Nỗi Nhớ (TCNN) | Will x Han Sara | Official Music Video
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Question addedFebruary 26, 2015
When making the Will, the notary is obliged to check the compliance of the shares specified in the Will to the two heirs or not? If, as a result of the execution of the document, the distribution of shares in an apartment for two heirs turned out to be more than the number of square meters (or less) owned by the Testator, who and how bears responsibility and harmonizes? For example: the testator had 3/4 of an apartment’s share, and he wrote in the Testament 1/2 each of the two heirs. Who will be responsible for such a Testament?
Is the question relevant?
Answer addedMarch 19, 2015
When certifying a will, a notary is not obliged to check its contents. A will is a personal order of a citizen with property belonging to him in case of death. The content of the will is determined by the testator.The structure of the inheritance includes only the property that belonged to the testator on the day of the opening of the inheritance. That is, if a person indicated a house in his will, and then, say, he sold ½ of that house, then the remaining ½ house will be included in the inheritance, which will be distributed among the heirs. If the shares of the heirs are not determined by the will, then they are recognized as equal. In your example, each of the heirs will receive ½ share of the apartment from the testator’s ¾ share (that is, they will become owners of 3/8 shares in the apartment each). The testament is responsible for the testator, this is an act of his will. In the case of controversial moments, heirs will have to prove their case in court.
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