The holographic will is a form of testament. Like all will, it must be written and signed by the testator. It has the advantage of being simple to draw up, and does not require the intervention of a notary (although it is strongly recommended for safekeeping). However, to be valid, it must meet certain conditions and be free from errors that could render it null and void. In this article, we present the main mistakes to avoid when drawing up a holograph will.
1. Forgetting to date the will
The date of the will is essential in determining its validity in the event of a conflict between several wills. This is because.., the last dated will is considered valid. It is therefore important to do not forget to indicate the date on the document, specifying the day, month and year.
2. Do not sign the will
A holographic will must be signed by the testator to be valid. The signature must appear at the end of the document, after the last clause. If the will consists of several pages, it is advisable to sign and date each page to avoid any subsequent disputes.
3. Use ambiguous or imprecise language
To ensure that your wishes are respected after your death, it is essential to draw up your will in a way that clear and precise. It is therefore advisable to avoid ambiguous or imprecise terms, which could give rise to differing interpretations. Prefer simple, direct formulations to express your wishes.
👉 Not clearly naming the legatees
In your will, you must specify the persons to whom you wish to bequeath your property (known as the "beneficiaries").legatees"). To achieve this, it is necessary to mention their full name, relationship with you, if applicable, and their address, if any.. This will avoid confusion between several people with the same name.
👉 Not clearly describing the bequeathed property
It is also important to give a precise description of the assets you wish to bequeathYou'll need to specify the type of asset (real estate, movable property, etc.), its location and all the characteristics needed to identify it. Don't hesitate to use cadastral references for real estate, for example.
4. Do not write it by hand (and type the will)
A holographic will must be be written entirely in the testator's own handwriting. Typed or typed wills are not valid, even if they are signed and dated. So be sure to write your will by hand, preferably in black or blue ink and on a durable support (thick paper, notebook).
5. Not respecting the organization of the will
To be valid, a holograph will must also respect a certain organization in the drafting of its provisions. Here are a few tips for structuring your will :
👉 Start by indicating at the top of the document that this is your last will and testament.
👉 Then write out your provisions in a clear, orderly fashion, making sure to number.
👉 If you wish to appoint an executor to ensure that your wishes are carried out, mention this explicitly.
👉 If you have any special requests regarding your funeral, take the opportunity to express them in the will.
👉 Don't forget to sign and date the document at the end, after the last clause.
6. Do not keep the will in a safe place
Finally, it is essential to keep your holograph will in a safe place. a safe place known to your family and friendsto ensure that it can be found after your death. You can entrust it to a notary, who will keep it in his archives and ensure its validity. Alternatively, inform at least one trusted person where you have stored your will, to prevent it ever being discovered.
✅ The safest place to keep your will is at theregistration with a notary, who will register it in the central file of last will and testament dispositions (FCDDV)
Don't wait any longer, click here to access our article which brings together all why it's important to write your holograph will by hand.
By avoiding these common mistakes when drawing up your holographic will, you can ensure that your wishes are respected after your death. Don't hesitate to consult a professional, such as a notary or lawyer, to ensure the validity of your will and obtain personalized advice.
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