Holographic will consultancy
Servizi Funebri Nebuloni offers full support in inheritance matters
Holographic testament: what is it under Italian law?
The holographic will is a specific testament established by article 602 of the Italian Civil Code. The document must be handwritten by the testator, who must necessarily indicate the date (specifying the day, month and year), and then sign the document. The will must be written on a plain paper/material appropriate for keeping track of the writing.
The testament must contain the testator’s will – that must be expressed freely – and it does not need to be drawn up in the presence of witnesses, nor of an Italian Notary Public.
Comprehensive testamentary consulting
Over the years we have given full support to our client in the management of testamentary dispositions, , in order to ensure that they have the necessary elements required to be valid.
Guidelines to writing a holographic testament: the formal requirements attesting its validity
Orthography: The will must be entirely drafted by the testator
The first requirement is that the document must be entirely drawn up on a plain paper – or any other support adequate to keep track of it – and handwritten by the testator in a legible, neat and organised way. The use of a typewriter or computer must be excluded.
If this requirement is not met, the will shall be declared null.
Date: The testament must specify the date
The second requirement is the complete indication of the date: it is essential specifying the day, month and year of the draft.
The omission or even an incomplete indication of the date can result in the testament being declared null.
Data is necessary to establish which document prevails between multiple versions written over time by the same testator: the will with the most recent date is final and invalidates the previous ones.
Signature: The will must contain the testator’s signature
The Italian Civil Code requires that the document is signed by the testator. The signature must be:
- handwritten (i.e. in your own handwriting)
- inserted at the end of the document
- eligible to designate with certainty the person of the testator
Art. 606 of the Civil Code provides for nullity in the event of non-compliance with the subscription requirement.
Testator dispositions: assets and specific bequests
The will must indicate the dispositions and the beneficiaries of each specific asset.
In the event that the testator has not complied with the shares legally reserved to the so called legitimate persons (spouse, children and legitimate relatives in the ascending line – if there are no children – article 536 and following of the Civil Code), they have the right to request the reinstatement of their share, or they can resign from such action, respecting the will of the testator. If there is no legitimacy, the testator may decide in absolute freedom to whom to assign 100% of his or her estate.
Why choose Servizi Funebri Nebuloni for holographic will consultancy?
Transparency
Professionalism
Punctuality
Our services and products
Your questions, our answers
The main services include: certifications, welfare practices, legal advice, notary advice, succession, psychological counselling.
- orthography: the will must be handwritten by the testator alone
- date: indication of the day, month and year on which the document is written
- signature: the document must be subscribed/signed by the author of the act
- object: who the beneficiaries of the assets are and which provisions must be complied with
We guarantee an extensive network of assistance and support from consultants, professionals, legal and notary offices, to help you deal with the family challenges that follow the loss of a loved one. Many of these activities are free of charge and dedicated to those who rely on our organisation.
For our transparency, professionalism and punctuality.