Holographic will
A holographic will, or olographic testament, is a will and testament which is a holographic document, meaning that it has been entirely handwritten and signed by the testator. Holographic wills have been treated differently by different jurisdictions throughout history. For example, some jurisdictions historically required that a holographic will had to be signed by witnesses attesting to the validity of the testator's signature and intent.
In many jurisdictions, holographic wills need to meet only minimal requirements to be valid:
- In case of doubt, there must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods.
- The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.
- The testator must be expressing a wish to direct the distribution of his or her estate to beneficiaries.
In other jurisdictions, holographic wills are only accepted if created in emergency situations, such as when the testator is alone, trapped, and near death. Some jurisdictions that do not generally recognize unwitnessed holographic wills grant exceptions to members of the armed services who are involved in armed conflicts and sailors at sea, though in both cases the validity of the holographic will expires at a certain time after it is drafted.
The format of a holographic will can vary greatly. The Guinness Book of World Records lists the shortest will in history as "Vše ženě", written on the bedroom wall of a man who realized his imminent death. It was deemed to meet the minimum requirements under Czech inheritance law, being his own work and no one else's. On 8 June 1948, in Saskatchewan, Canada, a farmer named Cecil George Harris who had become trapped under his own tractor carved a will into the tractor's fender. It read, "In case I die in this mess I leave all to the wife. Cecil Geo. Harris." He died in that incident and so the fender was probated and was deemed valid as his will under Saskatchewan inheritance law. In the U.S. State of Arizona, the postscript to a letter was upheld as a valid holographic will.Law in various jurisdictions
Africa
Ghana
In Ghana, the Wills Act, 1971, does explicitly recognize holographic wills. Any will, typed or handwritten, can be probated, provided it is in writing, the testator signs at the bottom of the document, and it is signed by at least two witnesses. Active-duty members of the armed forces can create valid handwritten wills without any witnesses, or verbal wills with at least two witnesses.Namibia
Wills in Namibia are governed by the Wills Act, 1953. This act stipulates that any mentally competent person of at least 16 years of age can execute a will, provided each page is signed by two witnesses who are neither beneficiaries nor executors of the will. In addition to recognizing any valid foreign wills, the act also allows active-duty military personnel to create a "soldier's will", which must be in writing, and which expires one year after the end of the testator's active-duty military service.Wills in South Africa are governed by the Wills Act 7 of 1953, which requires wills to be in written form, with signatures from the testator and two witnesses. Although the Wills Act does not directly provide for holographic wills, the Law of Succession Amendment Act 43 of 1992 allows a court to waive any formal requirements if the court is satisfied the testator intended for a document to serve as their last will and testament. A further exception exists for active-duty military personnel: the only formal requirement for a "soldier's will" is that it needs to be in writing, and it remains valid for up to one year after the end of active-duty military service.Asia
Bangladesh
Holographic wills are referred to as "privileged will" under §65 of the Succession Act, 1925, and are permissible only for military personnel who have reached the age of 18 and are currently on an expedition. Under §66, the privileged will can be executed in writing or orally in front of two witnesses.Philippines
Holographic wills are permissible under the Civil Code of the Philippines. As per Article 810, the will must be entirely handwritten by the testator, as well as signed and dated. There is no requirement for witnesses.Europe
Austria
Holographic wills in Austria are legally binding, provided the entire will is personally handwritten and signed by the testator; section 578 of the Allgemeines bürgerliches Gesetzbuch does not require the date or place of composition, although these are "advisable".Belgium
Holographic wills are explicitly authorized under §4.180 of the Belgian. As per §4.181, the will must be entirely handwritten, dated and signed by the testator.Denmark
Under §65 of the Danish Inheritance Law, holographic wills are only permitted as "emergency testaments" for persons prevented by illness or other emergency from executing a conventional testament. Nødtestamente lapse after three months, unless the illness continued to prevent the testator from preparing a proper will.Estonia
Holographic wills are permitted under §24 of the Law of Succession. The will must be entirely handwritten. Section 25 of the Law of Succession limits the validity of holographic wills to six months.France
The Napoleonic Code explicitly allows for holographic wills. To be valid, it must be written in full, dated, and signed by the testator.Germany
Holographic wills are recognized as valid in Germany under § 2247 of the Bürgerliches Gesetzbuch, provided the testator is both literate and at least 18 years of age. The testament must be entirely handwritten by the testator, must contain the date and place of composition, and must have the testator's signature at the bottom of the document.Italy
In Italy, holographic wills are governed by article 602 of the Italian civil code. The will must be entirely handwritten and dated, with the testator's signature at the end of the will.Latvia
Holographic wills are permitted under the Latvian Civil Code of 1937. The author of the document must write it by hand entirely. The Law will invalidate non-holographic wills by end of 2020, if only the signature is written by hand, and the document has not been presented to a notary.Moldova
Holographic wills are governed by article 2223 of the Moldovan civil code. Holographic wills are permissible only if the testator is literate. The will must be handwritten and contain the testator's full name, signature, and the date of composition, although a will missing these elements can be accepted if it is otherwise possible to establish its validity. Any alterations must be signed and dated.Netherlands
Under the Dutch Civil Code a "private act" is permissible but must be signed and deposited with a notary. Limited exceptions exist for members of the military during time of war, or persons aboard a seagoing ship or airplane.Norway
Norwegian law allows holographic wills only in an emergency. They are valid until the testator has not been prevented from creating a proper will for a period of three months.Romania
Holographic wills are governed by the Civil Code of Romania. To be valid, a holographic testament must be entirely handwritten, signed, and dated.Spain
The Civil Code of Spain permits holographic wills under § 688 for persons of legal age. To be valid, the entire will must be handwritten by the testator, accompanied by a signature and date; foreigners may write holographic wills in their own language.Catalonia
, an autonomous community of Spain, permits holographic wills under article 421-17 of its civil code. It must be handwritten, with the testator's signature along with place and date of execution.Switzerland
Holographic wills are governed by § 505 of the Swiss Civil Code and are valid for mentally sound persons at least 18 years of age. In order to be recognized as valid, a holographic will must be entirely handwritten and must contain the heading "Will"; the name, date of birth, and residence of the testator; a revocation of previous testaments; the provision of statutory entitlements to statutory heirs, such as children, spouse, registered partner, etc.; the place and date of composition; and the signature of the testator.Ukraine
Under article 1247 of the Civil Code of Ukraine, wills are required to be in writing, with a signature and the indication of place and date of its execution. Wills also must be certified by a notary or other public official. The civil code also allows for persons aboard ships, in penal institutions, on active-duty military service, or in a medical facility to have their testament certified by a person in a position of authority. In these cases, two witnesses are required to sign the will. These witnesses may not be family members or heirs, and must be competent to read and sign a will.United Kingdom
In the United Kingdom, unwitnessed holographic wills were valid in Scotland until the Requirements of Writing Act 1995 which abolished the provision; such wills written after 1 August 1995 are now invalid in England, Wales, Scotland, and Northern Ireland.South America
Brazil
Holographic wills are permitted under article 1876 of the Brazilian civil code. To be valid, a testament must be fully handwritten and signed by its author, as well as signed by three witnesses. The law also allows for typed wills signed by three witnesses. If a handwritten will does not have the requisite witness signatures, it can be still accepted as valid at the judge's discretion, as per article 1879.