Wills: Summary
Types of Wills:
There are three types of wills, of equal validity:
Holographic Will:
- Written by hand by the testator.
- Dated and signed.
- May be deposited with a notary for safekeeping.
Secret Will:
- Deposited in a sealed envelope with a notary.
- The testator declares orally that it contains their last will and testament.
- Requires 3 witnesses or a 2nd notary and 1 witness.
Public Will:
- The will is declared orally before a notary.
- Requires 3 witnesses or 1 notary and 1 witness.
General Provisions:
- Any additions are made in handwriting and signed by the testator.
- The will is revoked by a subsequent will or declaration before a notary.
- Witnesses cannot be beneficiaries, relatives or spouses of the testator.
- The signature must be handwritten, with full name.
- The delivery of the secret will is made in person.
Publication of the Will:
In order to be valid, the will is published by the Court of First Instance of the place of residence of the deceased.
Note:
Consult a lawyer for legal advice on writing a will. This text is for informational purposes only and does not substitute for legal advice.