To be valid, Holograph wills must comply with certain rules. It must, for example, be drawn up, dated and signed entirely in the testator's own handwriting. In this article, we list the main rules you need to follow to comply with the provisions of current French laws and regulations.
1. Drawing up a holograph will
To begin with, it is essential to find out about the requirements for drawing up a holograph will.
1️⃣ First of all, the document must be entirely handwritten by the testator. The use of a computer or any other mechanical or electronic means is prohibited.
2️⃣ Next, the will must be dated with precise indication of day, month and year.
3️⃣ Finally, the testator must sign the document.
Handwriting
It is essential that the holographic will is written out in full by hand by the testator himself.
⚠️ Please note that it cannot be considered valid if any part of the text has been written by another person, or if there are any erasures or overwritten text.
What's more, handwriting must be clear and legible so that it can be reliably interpreted, leaving no room for ambiguity.
Date and signature
A precise and complete date is mandatory. for a holographic will to be valid. The date must be written in words or numbers, and must include the day, month and year the document was drawn up.
On the other hand, the testator's signature is also required. It should appear after the last provisions, at the end of the will.
2. Contents of a holograph will
Holograph wills must comply with certain rules. Consult our model holograph will to find out more.
⚠️ The testator may freely express his wishes concerning the transmission of his property, subject to the following conditions not to contravene any applicable legal regulationsparticularly those relating to the rights of reserved heirs.
Freedom of disposal
The testator has a great deal of freedom to organize the transmission of his assets after his death.
It can bequeath all or part of his estate to one or more personsIn the event of the death of a legatee, the deceased may designate an executor to ensure that his wishes are respected, or provide for substitutions to ensure the devolution of his property.
Respecting the rights of reserved heirs
However, this freedom of disposal is not absolute and must be exercised with the utmost care. respect the rights of reserved heirsThis means the descendants and, failing that, the surviving spouse.
The latter are entitled to a minimum share of the estate, known as the hereditary reserve. The provisions of a holograph will must therefore not deprive the heirs with right to the minimum share.We are committed to providing our customers with the best possible service.
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3. Keeping and opening a holograph will
Once written, holograph wills must be kept in a safe place to guarantee its confidentiality and prevent it from being altered or destroyed.
How do you keep your holograph will?
There are several solutions available to the testator:
➡️ Depositing the document with a notary who will be responsible for preserving it and publishing it in the central file of last wishes (FCDDV);
➡️ Keep the will in a safe deposit box at the bank or at home, provided that you inform a trustworthy person of its existence and whereabouts.
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Opening and validity of the will
On the testator's death, the holographic will must be opened in the presence of a notary. who will check its validity.
In particular, he must ensure that the document is entirely handwritten by the deceased, dated and signed, and that the provisions comply with legal rules. In the event of a dispute, a judge may be called upon to rule on the validity of the document. validity of the will.
4. Advantages and disadvantages of holograph wills
Holograph wills offer a number of advantages, such as simplicity of drafting and the fact that they are free of charge.. The testator does not need to call in a professional to draw up this document, unlike an authentic will, which must be drawn up by a notary.
However, this simplicity can also be a disadvantage if the legal rules are not respected. or if the contents of the will are difficult to interpret. What's more, keeping a holograph will can pose problems of confidentiality and security if you decide to keep it at home.
In conclusion, the holographic will offers a practical, cost-effective solution for organizing the transfer of assets after your death.
However, the rules in force must be scrupulously observed to guarantee its validity and ensure that your last wishes are respected.
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