A holographic will is a document written and signed by the testator, enabling him or her to organize the transmission of his or her property after death.
This type of will has the advantage of being easy to write and does not require the intervention of a notary. However, it does require the involvement of a notary, to guarantee its validity and protect the testator's intentionsIt's essential to take certain precautions.
Conditions for the validity of a holograph will
To be valid, a holograph will must meet certain conditions :
➡️ To be fully in the testator's own handwriting (no parts may be typed or printed).
➡️ To be dated precisely (day, month and year) and signed by the testator.
➡️ Do not include no erasures or blank signature (signature without text).
➡️ Clearly express your wishes of the testator in matters of succession.
1. Drawing up a will
It is advisable to use a simple, comprehensible formula to express your wishes in a holographic will. This means avoid complex legal terms and use phrases such as "I, [first and last name], bequeath...".
2. Distribution of the inheritance
In a holograph will, the testator can designate the persons who will inherit his or her property (called "legatees"), subject to the quota (quotité disponible) reserved by law. It is important to clearly state their identity (surname, first name, date and place of birth) and the nature of the bequest (sum of money, real estate, precious object, etc.).
⚠️ It is important to note that a holographic will cannot deprive the heirs with right of first refusal. (descendants or surviving spouse) of their share of the legal reserve.
❌ In other words, the testator cannot bequeath his entire estate to third parties or to certain heirs without taking into account the rights of his children and/or spouse.
Measures to protect your holograph will
Once drafted, it is crucial to take certain precautions to ensure that holograph wills are respected after the testator's death :
1. Keep in a safe place
To avoid any risk of loss, the holographic will must be kept in a secure placesuch as a safe or sealed envelope.
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2. Informing a support person
The testator may inform someone close to you (family, friend, notary...) of the existence of his holograph will and where it is kept. This person can then ensure that the will is presented when the succession is opened. You can fill in this type of information simply at Legapass. ✅
3. Register your holograph will with a notary
Although not compulsory, this procedure guarantees the authenticity of the document and makes it easier to take into account in the event of inheritance. If you're wondering how much time does the notary have in the event of an inheritance?Read our blog post on the subject.
Why protect your holograph will?
There are several advantages to taking steps to protect your holograph will benefits :
1. Ensure that your assets are passed on according to your wishes
A well-protected holograph will allows you to ensure that the designated persons will actually receive the bequeathed assets.
2. Prevent disputes between heirs
By avoiding any dispute over the validity of wills, you preserve peace within the family and you limits the risk of legal proceedings time-consuming and costly.
3. Promote rapid, harmonious succession
Holograph wills are easily found and recognized as authentic. facilitates estate settlement and allows heirs to benefit quickly from their rights.
4. Protect your surviving spouse or partner.
In case of wedding, Pacs or cohabitationHowever, it can be useful to protect a holographic will to ensure that the testator's wishes are respected, particularly with regard to the protection of a surviving spouse or partner.
It is therefore essential to take all necessary precautions to guarantee the validity and protection of your holograph will. By following this advice, you can ensure that your wishes are respected and that your loved ones benefit from the assets you wish to bequeath to them.
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