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secret will

A will whose contents are kept confidential and handed over sealed to a notary.

What it means

A secret will is a will whose contents are unknown to others, including the notary. The testator hands a sealed document to a notary for safekeeping, and its contents are only opened after the testator dies. This form protects the confidentiality of the testator's wishes.

Why it matters for families

A secret will is useful when the testator wants to avoid conflict or pressure from the family. If misunderstood, the testator may think the contents of the will are automatically known to the heirs, even though they are only opened after death. The family needs to know the opening procedure so they are not confused.

Example

For example, a testator wants to give part of their savings to a nephew without telling their children first. They hand a sealed will to a notary. After they die, the document is opened according to procedure and their wishes are carried out.

Common misunderstanding

There is an assumption that a secret will does not need a notary. The correction is that the notary is precisely the one who stores and safeguards the validity of that sealed document.

Related terms

  • public willA will made before a notary and recorded in an official deed.
  • holographic willA will written and signed by the testator themselves and then kept by a notary.
  • revocation of a willThe act of a testator canceling an old will, either explicitly or through a new 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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