Domestic vs Notarial Will: Key Legal Differences
Under the Estonian Law of Succession Act (Pärimisseadus - PärS), there are two primary ways to draft a will: a notarial will and a domestic will. Understanding the legal implications of each is essential for effective estate planning.
Notarial Will
A notarial will is the most secure method of expressing your final wishes. According to PärS § 23, this document is drafted and certified by a notary.
- Advantages: The notary verifies the testator's legal capacity and ensures the document complies with all formal requirements. The will is registered in the Register of Wills, ensuring it is easily located upon the testator's death.
- Validity: It is permanent and significantly harder to challenge in court.
Domestic Will
A domestic will is an exceptional form of testament regulated by PärS § 23 (1) 2. It can be either a will made in the presence of witnesses or a holographic (handwritten) will.
- Witnessed Will: The testator signs the document in the presence of at least two witnesses.
- Holographic Will: The testator writes the entire document by hand, including the date and signature.
- Crucial Limitation: A domestic will loses its validity six months after its creation if the testator does not pass away within that period (PärS § 29). It is intended as a temporary measure for emergency situations.
Which one should you choose?
A notarial will is always recommended as it eliminates formal errors and guarantees legal certainty. A domestic will carries higher risks, as its preservation and subsequent proof of validity can be problematic. To ensure your assets are distributed exactly according to your wishes, consulting a notary is the safest path.
Do you need professional guidance regarding your inheritance planning? Our experienced legal experts at Õigusabi 24 are here to assist you. Contact us today for a personalized analysis of your unique situation!