How and Why to Write a Will?


According to a 2015 survey, two-thirds of respondents find wills useful, yet only seven percent of them actually have one, and just 30 percent plan to write one.

Why? – we might rightfully ask, as a will can provide significant assistance to our family and loved ones during the difficult period following a death, helping to avoid complications and potential disputes related to inheritance.

A will is a unilateral, personal (the option of creating a will through an authorized representative is excluded) and revocable legal declaration by which the testator can specify the distribution of either their entire estate or a part of it in the event of their death.

The will may also include other provisions, such as the acknowledgment of a child born out of wedlock, various burial-related instructions, and even the disinheritance of certain legal heirs, etc.

To be valid, a will must be written and separate. In Romanian law, verbal wills are invalid, and joint wills are excluded, meaning that two individuals cannot make provisions in the same document for each other’s benefit or that of a third party.

A will can be ordinary, extraordinary (a document created during wartime, epidemics, serious disasters, sea travel, or by a testator serving in the military or hospitalized), or special (pertaining to bank deposits or created abroad).

This article focuses on the ordinary will, as it is the most common form, typically used under normal circumstances.

The simplest and cheapest form of ordinary will is the holographic will, written entirely by hand by the testator, who must write and sign it in full, from beginning to end, and it must include the date.

In the absence of any of the aforementioned requirements, the document is null and void.

Within the probate process, this document must be presented to a notary for authentication.

A disadvantage of this type of will is that the testator’s intent may be more easily influenced, and due to the simple formal requirements, the document is susceptible to forgery, with the added risk of poor wording or misinterpretation.

These shortcomings are addressed by a notarized will, which is more expensive but has the advantage of possessing the evidentiary power of official documents, making it less open to challenge. The testator (who may be illiterate in this case) must appear in person before the notary, who verifies their capacity and genuine intent, informs them about the essence and consequences of the legal act, and records their statement clearly and unambiguously in writing.

We may name not only private individuals as beneficiaries, but also charitable organizations (foundation/association). However, in response to a question that has arisen in practice, it is not possible to bequeath assets directly to an animal. Someone wishing to provide for a pet may name an animal protection organization as the beneficiary, entrusting the care of the pet to that organization after their passing.