A will is an essential instrument for expressing one’s testamentary wishes. However, for it to be valid and uncontestable, it is vital to comply with specific legal requirements. A holographic will — written entirely by hand by the testator — is a practical solution, but it must follow certain rules to ensure its effectiveness.

What is a holographic will and what are its advantages?

A holographic will is a document written entirely by hand by the testator, without the need for a notary. It is an economical and independent solution that allows succession to be planned in a simple and confidential manner.

What are the validity requirements for a holographic will?

Pursuant to Article 602 of the Civil Code, a holographic will must satisfy three fundamental requirements:

  • Be written entirely by hand by the testator: The use of technological tools or the involvement of third parties is not permitted, so as to ensure the document’s authenticity.
  • Be dated: It must include the day, month and year in order to establish with certainty the moment of its drafting and its precedence over any subsequent wills.
  • Be signed by the testator: The signature must be placed at the end of the document so as to identify its author with certainty.

What happens if the date is missing from the will?

The absence of a date may render the will contestable or even null, particularly where multiple conflicting versions exist. To avoid complications, it is essential to always indicate the day, month and year of drafting.

Is it possible to draw up a joint or mutual will?

No. The Civil Code prohibits joint wills (drawn up by more than one person in the same document) and mutual wills (in which two persons each appoint the other as heir). However, simultaneous wills — that is, drafted separately but at the same time — are valid.

Where is it best to keep a holographic will?

The will may be:

  • Kept personally by the testator.
  • Entrusted to a trusted individual.
  • Deposited with a notary for greater security.

A will that is poorly kept or lost may give rise to disputes among the heirs.

What happens if the testator’s signature is missing?

The signature is indispensable for identifying the author of the will. Its absence renders the document invalid, even if the heirs agree to honour it.

How can I avoid challenges to my will?

To reduce the risk of contestation:

  • Follow the drafting rules scrupulously.
  • Avoid ambiguities and state your wishes clearly.
  • Deposit the will with a notary to ensure its preservation and authenticity.

By following these guidelines, the testator can ensure the validity of the document and the proper execution of their wishes over time. Engaging an independent financial adviser who works alongside dedicated legal professionals allows one to make the best possible decision.