Wills

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.