Legal Definitions - secret testament

A secret testament, also known as a mystic will, is a specific type of will recognized in some legal systems, particularly those influenced by civil law traditions. It allows an individual (the testator) to prepare their last will and testament in writing, keep its contents entirely private, and then formally declare before a notary and witnesses that a sealed envelope contains their will. The testator does not reveal the contents of the will to anyone, including the notary or witnesses, during this formal declaration. The envelope is then sealed and kept secure, ensuring that the testator's final wishes remain confidential until after their death.

Here are some examples illustrating the concept of a secret testament:

• Example 1: Protecting Family Harmony

  An elderly woman, Mrs. Chen, has three children, but she wishes to leave a significantly larger portion of her estate to her youngest daughter, who has been her primary caregiver for many years. She anticipates that revealing this decision during her lifetime could cause considerable friction and distress among her children. To maintain peace while she is alive, Mrs. Chen writes her will detailing her specific bequests, places it in an envelope, seals it, and then presents it to a notary and witnesses, formally declaring it to be her last will and testament without disclosing its contents. This ensures her wishes remain secret until after her passing, preventing immediate family disputes.

  This illustrates a secret testament because Mrs. Chen's specific bequests are known only to her until her death, and the will itself is formally sealed and declared without its contents being revealed to others.

• Example 2: Maintaining Public Privacy

  Mr. Davies is a well-known philanthropist and art collector with a vast personal collection and significant wealth. He has very particular instructions for the distribution of his art, including specific pieces to be donated to certain lesser-known museums and others to be sold to fund a new charitable foundation. To avoid public speculation, lobbying from institutions, or pressure from family members regarding his estate plans while he is still alive, Mr. Davies drafts his will, seals it in an envelope, and formally presents it as a secret testament before a notary and witnesses. The contents of his will, including the detailed plans for his art collection and charitable endeavors, remain entirely confidential until after his death.

  This demonstrates a secret testament as Mr. Davies uses the sealed document and formal declaration process to keep his complex and potentially sensitive estate plans private from both the public and his family until after his passing.

• Example 3: Unusual or Conditional Bequests

  Ms. Rodriguez, a quirky and private individual, wants to leave her entire estate to her beloved pet parrot, with detailed instructions for its care and a trust fund established for its lifetime, and then to a specific animal sanctuary upon the parrot's death. She also includes a condition that her estranged nephew will only inherit a small sum if he completes a specific community service project within a year of her passing. Knowing these wishes might be met with disbelief or attempts to dissuade her, Ms. Rodriguez prepares her will, seals it, and declares it as a secret testament before a notary and witnesses. This ensures her unique and conditional bequests are not revealed or challenged until after her death.

  This example highlights a secret testament because Ms. Rodriguez's unconventional and conditional bequests are kept entirely confidential within the sealed document, preventing any premature judgment or interference with her wishes.