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public will

A will made before a notary and recorded in an official deed.

What it means

A public will is a will made before a notary. The testator conveys their wishes orally or in writing, then the notary sets them out in an official deed. This form is considered the safest because there are witnesses and an official document.

Why it matters for families

A public will reduces the risk of dispute because it is made with the help of an authorized official. If misunderstood, families may think a verbal will is enough, even though proving it is far more difficult. A public will helps ensure the testator's wishes are clearly recorded.

Example

For example, a father wants to divide two plots of land between his two children. He makes a public will before a notary stating the object and the recipients. The family keeps a copy of the deed so it is easy to find when needed.

Common misunderstanding

Some people think a public will must be made when seriously ill. The correction is that a public will can be made at any time as long as the testator is legally capable and the documents are complete.

Related terms

  • holographic willA will written and signed by the testator themselves and then kept by a notary.
  • secret willA will whose contents are kept confidential and handed over sealed to a notary.
  • testamentaryDistribution of inheritance that follows the contents of the testator's will.
  • ahli warisA person entitled to receive property from the deceased under law or a will.

Definitions in this glossary are educational. For documents that are legally or financially binding, confirm with the party that issued them.

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The calculators and guides here are educational and are not personal financial or legal advice.