Whether it is to avoid the cost of a consultation with a notary or simply to have more practicality and flexibility, it is possible to write a will yourself, known as holograph, without receiving professional help, in order to keep control of his estate.

We explain the procedure to you.

What is a holographic will?

A holographic will is a handwritten document in which you express your last wishes.

It can thus make it possible to transmit your property, also called legacies (for example real estate but also furniture, vehicles, paintings, jewellery) after your death and to distribute them between the beneficiary or beneficiaries of your choice, called legatees, such as your relatives but also associations.

You can also use this act to indicate your wishes concerning your body after death (organization of the funeral, organ donation, cremation, etc.), appoint an executor or appoint a guardian for your children.

Although the recognition of a child can also be done through such a document, it will however be necessary to go through an authentic will drawn up before a notary.

Who can make this will?

In order to be able to draw up your will yourself and for it to have legal value, you must first meet several conditions.

The first is to be of sound mind, that is to say to possess mental capacities allowing discernment and a sufficiently enlightened will, without being influenced by a third party.

You must also be of legal age or, if you are between 16 and 18, an emancipated minor.

Otherwise, you can only bequeath half of your assets.

Finally, you must also have the legal capacity to manage your property.

If you are under guardianship, you must first obtain authorization from the guardianship judge or the family council.

How to write it?

The holographic will must comply with the rules of article 970 of the Civil Code, in order to be valid.

Thus, it must be entirely handwritten and mention the exact date on which it is established (day, month, year) without forgetting, of course, your signature.

Also pay close attention to the terms used, as any ambiguity could give rise to subsequent disputes and therefore invalidate all or part of the document.

You must also comply with the legislation concerning the transfer of your property.

Thus, in France, it is impossible to exclude one's children from the inheritance, as they are considered to be compulsory heirs, which entitles them to a share obeying a precise calculation (in the absence of descendants, it is the surviving spouse).

OUR “TESTAMENT” FILE

On the other hand, you can dispose of the rest of your assets, called the “disposable portion”, as you see fit. Know that you can revoke your will at any time, simply by writing a new document, as many times as you wish.

It is the most recent will that will be applied, the date being authentic.

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Focus: How to keep this document?

In the absence of a notary, it is a good idea to keep your will in a place that is sufficiently secure, but also easy to find, so that it is accessible after your death.

Indeed, if it is damaged or not found, it cannot be respected.

It is therefore better to inform one or more trusted people of its location.

The safest option, however, is to entrust this document to a notary.

This service is chargeable, and will cost you €26.41 in opening and description costs, plus €26.41 in custody costs before death (excluding VAT), so that the deed is registered in the central disposition file. Last Will (FCDDV).

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