A holographic will<\/strong> is a will written personally by the testator, entirely in their own handwriting, without the involvement of a notary or witnesses at the time it is made.<\/p>\n It is one of the simplest and most private forms of will, but also one of those subject to the strictest formal requirements in order to be valid. Any defect in its wording, signature, date or preservation may cause problems after the testator\u2019s death.<\/p>\n <\/p>\n <\/p>\n The holographic will<\/strong> is regulated in Articles 688 to 693 of the Spanish Civil Code<\/strong>. Under Article 688, it may only be made by a person of legal age and must be written entirely and signed by the testator, stating the year, month and day on which it is made.<\/p>\n In addition, if it contains crossed-out, amended or interlineated words, the testator must validate them under their signature. The Spanish Civil Code also allows foreign nationals to make a holographic will in their own language.<\/p>\n <\/p>\n For a holographic will<\/strong> to be valid, all the formal requirements established by law must be met:<\/p>\n <\/p>\n The main advantage of a holographic will is its simplicity. The testator may write it personally, without initially going to a notary and without anyone else knowing its contents during their lifetime.<\/p>\n It may also be useful in urgent situations or when the testator wishes to leave a private record of their wishes.<\/p>\n However, its disadvantages are significant: there is a greater risk of loss, destruction, concealment, challenge or formal defects that may invalidate it. In addition, because no notary is involved when it is made, there is no prior control over the clarity, legality and effectiveness of its provisions.<\/p>\n <\/p>\n Unlike a notarial will, a holographic will<\/strong> requires additional steps after the testator\u2019s death in order to take effect.<\/p>\n The person who has it in their possession must present it before a notary within ten days<\/strong> from the moment they become aware of the death. Failure to comply with this obligation may give rise to liability for any damages caused.<\/p>\n The notary will verify the authenticity of the document through authentication, usually by comparing the handwriting and signature. For this purpose, the notary may rely on witnesses or an expert. If its authenticity is proven, the will is protocolised<\/strong>, so that it can take effect as a succession title.<\/p>\n The maximum period for presenting the holographic will for authentication and protocolisation is five years<\/strong> from the testator\u2019s death.<\/p>\n <\/p>\nContents<\/h2>\n
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Legal regulation<\/h2>\n
Validity requirements for a holographic will<\/h2>\n
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Advantages and disadvantages of a holographic will<\/h2>\n
Protocolisation after death<\/h2>\n
Related links<\/h2>\n