How to write a will

How to write a will

A willa that contains a will is said to be a will. A will is a kind of privilege that we can use to help us decide for our mortals after death. Of course, wills do not include property, and in addition to the transfer of property, it is possible to write about other matters. Including doing some of the affairs and commitments if accepted.

Everyone must comply with all legal and procedural requirements of the will in order to ensure that his will is enforced. Setting up a valid will reduces family disputes and references to the court, and, in addition, we will be aware of the will of the willful person as well. Therefore, all human beings must know the rules of writing the will of the will to make decisions about their rights and property after death. Our goal in this article is to introduce you to the will of writing.

One of the privileges of setting the will is that we can refine it until our lives. Writing wills is done in three ways, each of which is in terms of the formalities, the power of proof and validity is distinct from one another. And any will, other than the three methods set forth below, will not be legally valid.

In accordance with Iranian law, the will must necessarily be in writing and the oral will has no legal basis for the court. Although he may be forgiven by a person, and the heirs may also act on his will, but if there is a difference between them, they will face difficulty in proving him in court.

Types of wills

The will is on three types:
Self-will will; Secret wills; Formal will.

a. Self-will Testimony

In his will, the willator must write all the text of the will in order to have legal authority in the court. For this reason, the uneducated person or person who can not write for lack of vision can not write self-will. And in the writing of such a will, there are no names for the possibility of representing someone else. The willer must insert the date of the day, month, and year into his will in order to have multiple wills available from him, the final copy of the will is made clear because the last will and only the last will of the willful will be valid.
If the willer signs his will in the presence of a clerk, he can, if necessary, be considered an official document and worth it.

B. Letter of Will

The will will be in contravention of the will of the author, but in the end it must necessarily be signed by the willful person and, according to the law, must be deposited with the Institution of Tenor's Registration or at the place designated by the Ministry of Justice.
Under illicit law, an illiterate person can not set a secret will.

C. Official Testimony

Writing formal wills is like any other document that is set up in the official office, and even people who can not read and write can also use this will.
Due to the formal wrappership in the notary's offices, concerns about the disappearance or removal of wills are eliminated.

Oral Oral

One of the formalities is the writing of the will, but in emergencies such as war and earthquakes, which can not be met by the writing of the will, one can verily witness the presence of two witnesses, and one of the witnesses must make the wills with the date of the day and Moon and year to make it to the audience. However, if the wills are to be made until the normal living environment conditions are normal, they must set their will in a proper legal procedure.

It is null and void for matters such as narcotics, because what is being required must have a rational and material value and not be unlawful, such as forging a piece of land. The will for drinking alcohol is also invalid due to its illegality.
What is required should be the ability to transfer and trade, according to this rule can not be general and endowed property.
The willator can not make anything else, even if it is with the permission of that person, because the willer must be the owner of what he wills.
A financial can be made in the future, for example, to bequeath the fruit of a tree that later produces.
The aspirant must be perfect (wisdom and maturity) and will be forgiving. The person's will is not correct.
In setting up a will, one must know that some of the obligations are obligatory, such as Hajj, and legal debt such as khums and zakat, which is obligatory to do so, should be paid from the original.
A wills can not deprive inheritance of all inheritance; the willful person can not forfeit all his property to one person or deprive one or more of his inheritance of inheritance; if he does so, his will only constitutes one third of his property And penetrating. If the will of the whole property, if the other heir opposes the will, the will of the will is less than two thirds. Accordingly, each person can claim a third of his property in whatever manner he wishes, and after the death of a person, two thirds of the other property is divided by heirs according to the law of inheritance.
The important point here is that, first, the will of the willful person must be settled, and then the remaining property is divided between heirs.

Testimonial Will

Sometimes a person assigns a property or interest of his own property in his will to another, which is called this customary will. According to this will, the property of the deceased person comes to another property upon his death.


Sometimes the willful person asks for a person to do something for him, for example, he decides to dedicate some of his property after his death or pay his debts. This will is called the will of the will.
The person who performs the will, during the life of the willful can oppose and refuse this will, but after his death, the executor should perform what the deceased's will is.

Source: How