Among the many ways to leave one’s assets as an inheritance, there is one that is particularly appreciated for its characteristics. This is the holographic will, the testament, that is, written only by those who dispose of their assets without the collaboration of other subjects. In fact, in the canonical testament we need the intervention of the notary and a particular form, the public deed. Instead, for the holographic will, the Civil Code he has few pretensions, and requires only a written document, in his own hand, by the testator.
Therefore, the holographic one, compared to other types of will, has, at least, two very evident advantages. The first is economic. In fact, the testator, to make a will, will not have to pay the notary’s fee. The second concerns the protection of confidentiality. Indeed, the settlor can write his will in complete solitude and keep it in a safe place. So that its content is only knowable after his death, when the succession will open.
3 points to consider
In this way, it is possible to make the deed of last will unassailable by heirs, creditors and third parties. In particular, there are 3 key points to consider when writing a holographic will to make sure it is valid and effective. The first point is to comply with the formalities required by law for its drafting. These are very few, in particular they are 3. The first is that the testator write the will in his own hand. The second is to insert the date. The third is that, in the end, you sign it. These are the only formal conditions of validity of the holographic will provided for by law.
The second fundamental point to make the will unassailable is that it respects the shares of the legitimate heirs. These are the closest relatives of the deceased, to whom the law reserves a share of the inheritance by right. The testator, in order to make his provisions unquestionable, must ensure that he respects these rights of lawyers. Otherwise the law provides a specific action before the judge for the heirs, which allows them to recover the assets stolen from them.
In this way it is possible to make a will, holograph and without notary, non-contestable and unassailable by heirs and creditors.
The third point, and also the most complex one, concerns compliance with the judges’ indications. In fact, over time the jurisprudence has explained that there are many causes of invalidity of the will not expressly provided for by the law.
For example, the judges explained what happens when the testator writes more than one holographic will. Or they have clarified whether a will in capital letters is valid. Or even what happens if the testator writes a will on several pages. And a whole other series of really numerous indications. The advice is, therefore, above all to inform yourself well, also regarding these aspects, before drawing up a will by yourself and without the help of an expert.