Holographic Will: Requirements and Content Under Italian Law
A holographic will, governed by Article 602 of the Italian Civil Code, is a straightforward and cost-effective way to arrange for the distribution of assets after death. It must meet specific formal and substantive requirements to be legally valid. First and foremost, the will must be entirely handwritten by the testator, without the use of any mechanical means such as a computer or typewriter. Additionally, the will must be dated, including the day, month, and year, and it must be signed by the testator. If any of these elements are missing, the will may be considered void or legally unenforceable.
Besides these formal requirements, the content of the will must clearly express the testator’s intention to dispose of their assets upon death. The Court of Cassation has established through various rulings that a holographic will must contain a definitive and unequivocal declaration of intent. A mere draft, or a vague or provisional statement regarding asset distribution, does not meet the legal standard required for a valid will. It is essential that the testator’s wishes are clear and specific.
The content of a holographic will can address both property and non-property matters. It can include provisions for the distribution of movable or immovable assets, such as real estate, money, or personal belongings, as well as non-pecuniary matters, such as the acknowledgment of a natural child. However, there are legal limits to how assets can be distributed. Italian law protects the rights of “legitimate heirs,” including the spouse, children, and parents, who are entitled to a reserved portion of the estate. This means the testator can only freely dispose of the portion of the estate known as the “available quota,” after accounting for the shares reserved for legitimate heirs.
A properly drafted holographic will ensures the testator’s wishes are respected while adhering to legal requirements.
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