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Holographic wills: Validity requirements – What changes under the new legislation

With more safeguards in place, holographic wills remain the simplest way of disposing of one’s estate, but now with stricter validity requirements to prevent nullity and legal disputes

Newsroom September 16 10:00

The holographic will continues, even in today’s era of reforms in inheritance law, to be one of the most popular, simple, and inexpensive ways for a person to arrange the transfer of their estate after death. Its simplicity, however, does not mean it lacks legal requirements and procedures. On the contrary, the law — especially following the 2025 reforms introduced by the Ministry of Justice — sets out clear rules for its validity.

The new law introduces significant changes in the publication process for all types of wills — whether holographic, public, or secret. For the first time, a unified Digital Wills Registry is established, paving the way for full digitalization of the procedures, according to TA NEA.

From now on, every testator’s last will shall be registered in a special electronic platform. The will’s publication will take place electronically and immediately, recording key details such as the testator’s tax ID number, date of birth, type of will, and the relevant deed number.

Notaries will be legally obliged to publish the will without delay once they receive it. Anyone in possession of a holographic will is also legally required to promptly deliver it to a notary upon learning of the testator’s death, in order to prevent delays that might result in forgery or challenges to authenticity.

The new framework seeks to reduce such cases, which often lead to lengthy and intense legal battles. Once the will reaches a notary, it must be immediately entered into the Registry.

Advantages of a holographic will

A holographic will must be written entirely by the testator’s hand, signed and dated by them, and stored in a place of their choice — at home, in a bank safe deposit box, or with a notary.

It is the least expensive and simplest form of will. It does not require a notary during drafting, nor the presence of witnesses or third parties.

However, because it is made without a legal professional present, there are serious risks of invalidity, forgery, disputes, or even loss.

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What the law provides from 2025 – Key validity requirements

Following the legislative changes that came into force in summer 2025, the legal framework has been strengthened to safeguard the testator’s wishes and prevent lengthy and costly litigation among heirs.

For a holographic will to be considered valid today, it must meet the following conditions:

  1. Entirely handwritten by the testator
    The will cannot be typed, written by another person, or drafted digitally. It must be fully handwritten by the testator — something that can be verified by handwriting experts if necessary.
  2. Dated and signed by the testator
    The date is essential to establish which will prevails (in case of multiple wills) and to assess the testator’s mental capacity at the time of writing. The signature is required to confirm authenticity.
  3. Stored safely and discovered after death
    The will may be kept at home, in a bank deposit box, or with a notary. However, depositing it with a notary is recommended to ensure official recording of its existence. As of 2025, the Wills Registry strengthens this safeguard.
  4. Published after the testator’s death by a notary
    Publication is crucial for the will to acquire legal force and for the inheritance process to begin. The notary opens and records the will’s contents in the presence of witnesses.
  5. Handwriting expert review in case of disputes
    When the main heir is not a relative up to the fourth degree or there is no civil partnership, the will may be challenged. In such cases, experts verify whether the handwriting and signature truly belong to the testator.

Despite their apparent simplicity, holographic wills are often involved in long court battles. To avoid unpleasant surprises for heirs, it is now necessary to record them in the new Digital Wills Registry. It is also advisable to seek legal counsel before drafting one, to ensure its full validity.

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