The Stepchild, the Will, and the Mandatory Share
Deceased T left a notarized will giving his entire estate (a house worth 28,000,000 AMD and deposits of 6,000,000 AMD) to his second wife W. T is survived by W, by a son S from his first marriage, and by a 17-year-old stepdaughter SD whom T never adopted but who lived in his household for 11 years and was fully dependent on him after her mother's death. S was left nothing. S claims the will is invalid because it was signed with a stamp instead of a handwritten signature; the notary's record shows T was illiterate and the will was read aloud and signed by a scribe with two witnesses. SD's guardian asks the notary to issue a certificate of inheritance including SD.
1. Is the will invalid because T did not sign by hand?
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No, not on that ground alone. Where the testator is illiterate or unable to sign, the law permits the act to be read aloud and signed by another person (scribe) in the presence of witnesses, with the reason recorded. The notary's record showing the reading, the scribe, and two witnesses supports validity if the formalities were observed. S's challenge must be brought before the court; the notary cannot declare the will invalid. The notary may issue certified copies and confirm the formalities recorded.
2. Does SD have a claim, and how should the notary handle the guardian's request?
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SD is not a legal heir by blood or adoption, so she has no intestate share. However, a minor or dependent person who was maintained by the deceased may be entitled to a mandatory share notwithstanding the will, if the law recognizes such dependents as compulsory heirs. The notary must verify SD's status: her age, dependency, cohabitation, and the absence of another maintenance source. If the conditions are met, the notary should include her mandatory share in the inheritance certificate, calculating it as a fraction of the estate that would have passed on intestacy, and reduce W's share accordingly. If the conditions are doubtful, the notary should not simply refuse but should document the facts and direct the parties to the court for determination, issuing the certificate for the undisputed portion.
3. If SD is entitled to a mandatory share, how does the notary compute the distributable estate?
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The estate is 28,000,000 + 6,000,000 = 34,000,000 AMD. The mandatory share is computed as the statutory fraction of the share the dependent would have received on intestacy, applied to the estate, and it is satisfied before the testamentary gift. The notary must first identify all compulsory heirs and their intestate shares, then apply the mandatory-share fraction to SD's intestate share, deduct that amount from the estate, and pass the remainder to W under the will. The certificate should state the computation transparently so that any dispute can be litigated on a clear record.