Family Law and Inheritance Law
Family property and inheritance
This domain tests notarial work in marriage contracts, division of property, wills, and inheritance certificates. A marriage contract must be notarised; it may regulate property but cannot deprive a spouse of statutory personal rights or a child of support. Inheritance opens at death; heirs are called by will or by law. A will must be notarised and the testator must have capacity at the time of signing.
Core rules
- The notary checks the testator's identity, capacity, and freedom from undue influence; witnesses and interpreters are used where required.
- A compulsory share protects certain close relatives, even against a contrary will.
- An inheritance certificate is issued after verifying the death, the heirs, the estate, and any competing claims; it is evidence, not a court judgment.
- Foreign elements require checking the applicable law and the form of foreign documents.
Worked example. A testator leaves all property to a son and excludes a disabled spouse. The notary explains that the spouse may be entitled to a compulsory share. The will remains valid, but the certificate must reflect the compulsory share after the estate is valued. The notary does not rewrite the will; the notary applies the mandatory inheritance rule.
Traps. Accepting a will without checking capacity; ignoring heirs who are minors or disabled; issuing a certificate before the estate is identified; confusing a will with a gift; failing to legalise a foreign death certificate.