Persons Who May Not be Witnesses Nor Sign a Will In Place of the Testator

In cases when in accordance with the rules of the Code witnesses must be present at the compilation, signing, or certification of a will, the following may not be such witnesses and also may not sign the will in place of the testator:

 

1) the notary or other person certifying the will;
2) a person in whose benefit a will is made or a testamentary charge is made, the spouse of this person, his children, or parents;
3) citizens not having full dispositive capacity;
4) illiterates and persons not able to read the will;
5) persons not sufficiently fluent in the language in which the will is made, with the exception of the case when a closed will is made;
6) persons having an active criminal record for perjury.

 

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