Best Will & Testament Lawyers in Šiauliai

About Will & Testament Law in Šiauliai, Republic of Lithuania

A Will and Testament is a legal document that outlines how a person’s assets will be distributed after their death. In Šiauliai, as in the rest of the Republic of Lithuania, this process is governed by the Lithuanian Civil Code and related legislation. Married couples, single individuals, people with children, and business owners commonly draft Wills to ensure their wishes are honored upon passing. Wills can help avoid disputes, clarify important wishes, appoint guardians for minor children, and provide for special bequests or charitable giving.

The process of making a legally valid Will in Šiauliai must comply with national law and involves specific formalities. Notarial certification is common, and there are clear rules regarding witnesses, the exclusion of forced heirs, and the handling of property.

Why You May Need a Lawyer

While some people attempt to draft their own Will, working with a qualified lawyer is strongly recommended for many reasons. A lawyer can assist in situations such as:

• Ensuring your Will meets all legal requirements and is enforceable in Šiauliai and nationwide
• Minimizing the risk of disputes or challenges to your Will after your passing
• Understanding inheritance rights and how the law treats spouses, children, and other close relatives
• Managing intricate family arrangements, such as children from different marriages or partnerships
• Addressing ownership of complex assets like businesses or foreign property
• Appointing and instructing guardians for minor children
• Planning for tax implications of bequests
• Handling assets located abroad or foreign citizenship issues
• Providing peace of mind that your wishes are legally protected and clearly stated

Local Laws Overview

The Lithuanian Civil Code is the key legislative document governing Wills and inheritance in Šiauliai, with implementation overseen by notaries and the courts. Some important legal aspects include:

• Adults aged 18 or older, or emancipated minors, may make a Will
• Wills must be made in writing - commonly via a notarial Will or a private Will, though notarial Wills offer stronger legal protection
• For a Will to be considered valid, formal requirements must be met: signature, date, voluntary action, and, in most cases, official witnessing
• Lithuanian law provides for "forced heirship" - children and spouse are generally entitled to a minimum share of inheritance, even if excluded from the Will
• Heirs may accept or decline an inheritance, but debts attached to the estate may pass to heirs who accept it
• Safe deposit of Wills is usually managed by notaries, and official registration is advisable
• In case a Will cannot be found or is invalid, intestate succession (inheritance by law) applies
• Disputes may be settled in Šiauliai district court

Frequently Asked Questions

Who can make a Will in Šiauliai, Republic of Lithuania?

Any adult aged 18 or over can make a Will. Emancipated minors can also create a Will. Those who lack legal capacity or have been declared incapacitated by a court cannot make a valid Will.

Does my Will have to be notarized?

Notarization is not absolutely required for a Will to be valid in Lithuania, but notarial Wills are highly recommended for their legal strength and ease of probate. Private Wills are riskier and must be signed and dated in the testator’s own handwriting.

What is "forced heirship," and does it apply in Šiauliai?

Yes, Lithuanian law ensures that certain family members, such as children and spouse, cannot be fully disinherited and are entitled to a protected portion of the estate known as "forced heirship."

Can I change or revoke my Will?

Yes. You are free to revoke, amend, or replace your Will at any time before your death, provided you are of sound mind and meet all legal requirements for making a Will.

What happens if I die without a Will?

Dying without a Will triggers intestate succession. Your property will be distributed according to the legal order set out in the Civil Code, usually favoring your spouse, children, or closest relatives.

How do I appoint a guardian for my minor children in my Will?

You may name your preferred guardian in your Will. This nomination will be considered by the courts, and unless there are significant concerns about the nominee, the courts generally uphold your wishes.

What are the usual steps to make a Will with a lawyer in Šiauliai?

Typically, you consult with a lawyer, discuss your wishes and assets, draft the document, and then sign it, often in the presence of a notary. The Will can then be registered for safekeeping.

Can a Will be contested?

Wills can be challenged on grounds such as lack of capacity, undue influence, or improper execution. Having legal assistance during drafting can help make your Will more robust against such challenges.

Do I need to list all my assets in my Will?

While it is helpful to be thorough, you do not need to list every asset. You may make general or specific bequests. However, clear instructions can help avoid misunderstandings among heirs.

How can I update my Will if my situation changes?

If major life events occur such as marriage, divorce, birth of a child, or significant changes in assets, it is wise to review and update your Will. Consult with your lawyer to make the necessary amendments.

Additional Resources

People in Šiauliai seeking assistance with Wills and Testaments may find the following resources helpful:

• Local Lithuanian notaries - for official will drafting and safekeeping
• The Šiauliai District Court - for inheritance dispute resolution
• Lithuanian Chamber of Notaries - provides general information and referrals
• Lithuanian State Guaranteed Legal Aid Service - offers assistance for those who qualify based on income
• Lawyers and legal firms based in Šiauliai experienced in inheritance and family law

Next Steps

If you need legal assistance regarding a Will or Testament in Šiauliai, consider taking these steps:

• Collect all relevant information about your assets and family situation
• Decide on your main wishes, including beneficiaries, guardians, and special bequests
• Contact a qualified lawyer or notary in Šiauliai with experience in inheritance law
• Prepare for an initial consultation to discuss your goals and ask questions
• Work with your legal advisor to draft and validate your Will, ensuring it meets all formalities
• Register your Will with a notary or official registry to ensure its safekeeping and recognition after your passing
• Review your Will regularly, especially after life changes, and make updates as needed

Taking these steps can help ensure your wishes are honored and reduce the stress and uncertainty for your loved ones in the future.