Holographic will in Italy

To know how a holographic will is made, it is necessary to respect some essential steps. As a Studio Legale specialised in inheritance law, also international, we can assist you in the drafting of a holographic will compliant with all legal rules, free of ambiguities and of potential criticalities.

The testator must write the entire document in their own hand, including date and signature. The writing must be autograph, that is to say carried out manually without the use of electronic instruments or the assistance of other persons.

Although the will can be drafted in the form of a letter addressed to the heirs, it is essential that it contains all the formalities provided for the holographic will and that it expresses clearly the will to dispose of one’s assets. Furthermore, the law does not require a particular modality of writing: one can use both cursive and block letters, provided that the style is attributable to the testator.

After the opening of the succession, following the death of the testator, to render valid the provisions inserted in the holographic will it is necessary that the latter be published by a notary, as provided for by the Codice civile. According to what is established by law, “anyone who is in possession of a holographic will is required to present it to a notary for publication”.

The notary will therefore have the task of drawing up a record of publication of the holographic will in the presence of two witnesses. The publication consists of the drafting of this record by the notary, to which the will itself will be attached. The record will report exactly the content of the will, even if it should contain provisions that are annullable, void or susceptible to action of reduction.

For the holographic will to be valid, the law requires three fundamental requirements:

1. Autograph writing, that is to say the manual writing of the testator without the help of third parties, to ensure the authenticity of the document.

Literally from the term “holographic”, olography represents the fundamental requirement of this type of will, and its lack entails the nullity of the deed, as established by the Codice civile. The will must therefore be written entirely by hand by the testator, alone, and if it is drafted with a typewriter or printed by computer, it is void, even if dated and signed.

This rigid provision was established by the legislator to protect the will of the testator, since the use of mechanical means would facilitate possible alterations. It is therefore essential that the testamentary wishes be expressed “in one’s own hand”, with one’s own handwriting.

Cases have emerged in case law in which the question was raised whether a holographic will written in block letters, instead of with the normal handwriting of the testator, respected the requirement of olography. To this question a positive answer was given, but it is nevertheless prudent to draft the holographic will using one’s habitual handwriting, paying attention to write in a clear and legible manner.

2. Dating, which must indicate day, month and year (or a recognisable and certain date), to verify that the testator was capable of understanding and intending at the moment of drafting. The holographic will must indicate a date written directly by the testator, by hand.

According to case law, if the date is not personally written by the testator, the holographic will can be declared void, as established by the Codice civile. It is necessary that the date includes day, month and year, although case law has considered acceptable dates expressed per relationem.

For example, a formula such as “Christmas Day 2005” is considered a valid dating.

The underlying idea is to protect the testamentary intention, which is considered authentic if the date can be deduced per relationem, through facts of public domain. In the example just mentioned, it is well known that Christmas Day 2005 corresponds to 25 December of that year. According to the most recent case law, the date can be inserted both at the beginning and at the end of the testamentary wishes.

3. Subscription, which confirms the identity and authorship of the deed. It must be placed at the end of the declarations, signed with name and surname or with a known nickname.

The holographic will must therefore be signed by the testator at the conclusion of the provisions, preferably immediately after them, “at the foot” of the text itself. If the document is composed of multiple pages (and not just sides), it is advisable that the testator affix their signature on every single page of the deed.

This precaution serves to prevent any legal objections for lack of signature even on a part of the testamentary provisions.

In this regard, it is recalled that the Suprema Corte, through various sentences, has underlined the necessity that the testamentary wishes expressed in the document can be attributed unequivocally to the testator. The absence of this requirement will inevitably entail the nullity of the will, sanction provided for by the Codice civile. Case law has also considered valid the signature affixed under pseudonym, although it is generally recommended to sign with personal name and surname to facilitate the identification of the testator. The most recent case law has also established that the formal requirement can be considered satisfied even in the case in which, due to lack of space, the signature is affixed at the side of the document, rather than at its base.

The holographic will can contain patrimonial and non-patrimonial provisions and remains valid even in the presence of subsequent modifications or additions, provided that they are also drafted and signed by the testator.

With the lawyers of our team, you will be able to receive the right legal support to optimise the patrimonial distribution, preventing conflicts and ensuring clarity in the division of assets. The law also allows the testator to change their mind at any time and revoke or modify the holographic will until the last day of their life. To this end our Studio Legale will be able to assist you not only in the verification of the validity of your will, but also in the revision of the testamentary provisions to best protect your heirs and your assets.

Boschetti Studio Legale will guide you in the formulation of a document that respects the requirements of validity provided for, such as hand writing, the date and the autograph signature, ensuring that your wishes are expressed clearly and protected over time. In this way, you will be able to be certain that your testamentary provisions will be respected without interpretative difficulties or risks of invalidity.

The heirs and anyone interested can contest the validity of the holographic will. For a holographic deed considered false, there are specific legal procedures through which one can contest a holographic will and start an action of negative ascertainment of the writing.

In this case, the party that contests the will must demonstrate the non-authenticity of the document, for example through the production of comparative writings of the testator. A lawyer for testamentary cases can provide assistance for the contestation of the will, also in the presence of questions of internationality, as in the case of a foreigner with assets in Italy.