Handwritten Will – written in the deceased’s handwriting signed by them, and bearing a date in their handwriting. The will can be deposited with the Registrar of Successions.
Witnessed Will – A will stating a date and signed by the deceased before two witnesses after declaring that this is his/her last will and testament. The witnesses must confirm on the same occasion by their signature upon the will that the deceased has declared and signed as aforesaid. A will of this type can also be deposited with the Registrar of Succession.
A Will Before An Authority – Prepared by the deceased by means of stating the contents of the will verbally before a judge, a registrar of the court or registrar of successions or before a member of a religious court or by submitting the written will by the deceased himself to the competent authority as aforesaid, all as provided in the law.
Verbal Will – A dying person or a person who sees himself/herself facing death (under justified circumstances), may make a verbal will before two witnesses. The witnesses are required to record minutes to be signed by them and deposited with the Registrar of Successions as soon as practicable. Such a will is nullified within one month from the lapse of the circumstances justifying the preparation thereof where the deceased is still alive.
* The will must be drafted in clear and express language so that it will be possible to understand the meaning thereof, otherwise it will be disqualified.
** It is important to note that minors and wards are not eligible to make a will or serve as witnesses to a will. Furthermore, a will made at the time when the deceased was unable to understand its nature, is void.
*** Furthermore, the beneficiaries under the will or their spouses cannot be witnesses to the will, prepare the will or otherwise take part in the preparation thereof.
**** A person who has made a will can cancel it either by means of making another will in one of the above manners or by destroying it including all its copies.