What Elements Can a Holographic Will Contain?

Tied: The testator can assign specific assets to certain people, called legatees. The latter are not responsible for the deceased’s assets unlike the heirs;

conditions and burdens: the testator can condition the effectiveness of the provisions on the occurrence of certain events or the fulfillment of specific obligations by the beneficiaries;

executor: the testator can appoint a trusted person, called the executor, tasked with ensuring the execution of their wishes to prevent the heirs from arguing or one of them (usually the one already in possession of the assets, such as the cohabitant) from committing abuses;

non-patrimonial provisions: the testator can express wishes or recommendations of a personal or moral nature. Consider the acknowledgment of a child.

Example of a Holographic Will:

Below is an example of a holographic will that meets the essential requirements: Rome, September 15, 2024
I, the undersigned, Mario Rossi, born in Rome on January 10, 1950, residing in Rome at Via Garibaldi No. 10, of sound mind and in full possession of my faculties, declare my last will and testament.
I appoint my son, Luigi Rossi, born in Rome on March 20, 1980, as my universal heir.
[or]
I appoint my wife Marta as my heir, to whom I leave half of my house on Via della Pace and all the furnishings present in it, as well as the right of habitation until her death; my daughter Domenica, to whom I leave a quarter of the aforementioned house plus 10,000 euros currently in my bank account; my son Daniele, to whom I leave the remaining quarter of the aforementioned house.
I bequeath to my dear friend, Anna Bianchi, the sum of 10,000 euros so that she may do with it as she wishes.
I appoint Attorney Giovanni Verdi as the executor of my will, to whom I leave the task of donating 10,000 euros from my account to the poor children of my city or to any charitable organization he deems worthy.
Signature: Mario Rossi

What Happens if The Holographic Will Does Not Meet The Formal Requirements?

If the holographic will does not meet the formal requirements (holography, date, signature), it is null and void and does not produce any legal effect. Therefore, it is essential to pay the utmost attention to its drafting.

Is It Possible to Modify or Revoke a Holographic Will?

At any point in their life, the testator can modify or revoke a holographic will at any time. The revocation can occur through:

• Drafting a new will: the new will, if incompatible with the previous one, implicitly revokes it. It is not necessary for the new will to also be holographic. For example, a holographic will can be revoked with one made in front of a notary (public will);
• Destruction of the will: the testator can physically destroy the sheet of paper on which they had written the holographic will. In such a case, if he dies without making a new will, the inheritance will be divided according to the legal succession, that is, according to the rules of the civil code;
• Declaration of revocation: The testator can draft a holographic or public deed in which they expressly declare the revocation of the previous will.

Where Should The Holographic Will Be Kept?
The holographic will can be kept:

• By the testator themselves: in this case, it is important to inform a trusted person of the place of storage to ensure its discovery after death;
• At a notary: the notary can keep the holographic will in a special register, ensuring its security and publication after the testator’s death;
• With a trusted person: the testator can deliver the will to a trusted person (even if this person is not one of the designated heirs), recommending them to present it to the court after the testator’s death.

What happens after the testator’s death?

After the testator’s death, the holographic will must be published. The publication consists of presenting the will to the competent court, which verifies its validity and reads it to the heirs and legatees.

The law requires anyone in possession of a will to deliver it to a notary for publication. The destruction, alteration, or forgery of a will is a crime.

Who To Turn To For a Holographic Will?

Although the drafting of a holographic will does not require the intervention of a notary, it is advisable to consult a professional, such as a lawyer specialized in inheritance law, to avoid errors or omissions that could compromise its validity or effectiveness.

VGS Family Lawyers is a law firm that specialises in family law matters such as inheritance, separation and divorce, child custody and more.
In case you need assistance please write to: info@vgslawyers.com