Testament: How to draw it up in order to get fulfilled the testator's will correctly
Residents of Lithuania get certified three thousand testaments every month in notary’s offices, where they indicate to whom they would leave their property in the case of death. The word “testament” comes from Latin (testamentum – last will), but how to draw up it in order to get fulfilled the testator's will correctly – this question is answered in the Notary Chamber of Lithuania.
Every person being capable of functioning and realizing sense and consequences of his actions can draw up a testament in notary’s office. As early as a long time ago, an idea has taken root that only senior citizens ought to worry about drawing up a testament. Lately, this view is changing and more and more young people write testaments. People in the age of 30-50 having got a valuable property come to notary’s offices more and more often. However, Lithuania has not overtaken old EU countries yet where testaments are being drawn up more likely both more often and by people of various ages, not only by elder ones.
Women draw up testaments more often than men. Women have drawn up 67 per cent of testaments, men – 33 per cent both in 2005 and 2006.
The notary helps to draw up a testament, certifies and keeps it. Testaments being drawn up in notary’s offices are considered as official ones. They are drawn up in two copies. The place and date of drawing up the testament, the list of the property being left and heirs are provided in an official testament. One copy is handed over to the testator, another one is kept in the notary’s office. Certified testaments are registered in the register of testaments.
The testament can be drawn up by oneself as well. A testament that is hand-written by the testator is considered as personal testament, where name, surname, date of drawing up the testament, place, testator’s will are indicated and which is signed by the testator. When having drawn up the testament with the help of the notary, one can guarantee that a property being left by the testator will devolve to those people whom it was actually assigned.
The concept of testament was known already in the Roman law. The maxim “testator’s will is considered as law” comes from those times. However, can one amend a testament by some way, for example, when one can prove that the testator purportedly was “incapable”, “near death”, “unhealthy” and so on – notary Marius Stračkaitis is going to talk about that on Lithuanian television in the broadcast “Labas rytas“ tomorrow on July 31st Tuesday.
The notary of the Klaipeda City First Notary Office, Vice-president of the Notary Chamber of Lithuania Marius Stračkaitis will also advice how one ought to be prepared for drawing up a testament, what to think about before drawing up testament, he will give information about prices of notary’s certification of testaments as well. The juridical consultations begin in the broadcast “Labas rytas“ at 6.50. The juridical consultations of notaries and experts of the Notary Chamber of Lithuania are broadcasted every Tuesday already since the 19th of June in the LTV broadcast “Labas rytas“.