The holograph will is the simplest and most common. However, those who are unable to write have the opportunity to resort to the mystic will.
The holograph will
How to proceed
The holograph will is an individual legal instrument.
It is written, dated and signed by the testator.
It cannot be typed, written by someone else, postdated or backdated, under pain of nullity.
Advantages
- This form of will offers considerable freedom to its author who can change it as they wish. That is why there can be no common will for a married couple, for example.
- It guarantees the respect of secrecy. Only the testator knows its contents.
Drawbacks
- In the absence of professional advice, the testator may unknowingly write illicit clauses, which cannot be applied at the opening of the succession.
By consulting a notary, the author of the will is informed about the law in force.
- If no-one knows the existence of the will, it may never be discovered or come to the attention of someone with malicious intent.
The mystical will
Advantages
This form of will is of interest to people who do not know how to write or who are unable to do so because of their physical condition and who wish their will to remain totally secret.
How to proceed
- This will is written by the testator themselves or by a third party. If the testator is unable to write, they must be able to read.
- It is then closed and sealed.
- In the presence of two witnesses, the testator submits it to a notary who draws up a so-called “subscription” legal instrument, i.e. a report formally recording the presentation of the document.
Worth knowing:
By entrusting their will to the notary, the testator is assured that it will be safeguarded and mentioned in the central file of the last wishes which will allow the heirs to become acquainted with them through the notary in charge of the succession.