3 Key Considerations When Planning Your Will

Writing a holographic will: a quick guide

Writing a holographic will is undoubtedly the quickest and most economical choice for disposing of one’s assets.
This type of will, in fact, does not involve any costs and can be drafted by the testator independently.
The drafting process is not inherently complex, as the law does not require any particular formalities, but it is important to take into account the regulations on succession.

The testator enjoys a certain degree of freedom, and to ensure it, some testamentary provisions are not valid as they could compromise it.
The real limitation concerns the legitimate shares.
It is not prohibited to disregard them, but the heirs could still take legal action to enforce them.
Moreover, it is advisable to avoid confusion as much as possible and leave clear and unambiguous instructions.

To ensure that one’s wishes are respected, some precautions must be taken.
It is advisable, however, in case of doubt, high assets, or complex division, to rely on a professional such as a notary.
Nevertheless, there are some incredibly helpful things to keep in mind when planning a will, here are the main ones:

3 things to keep in mind when planning a will

The form of the will

As mentioned, no particular formalities are required for a holographic will.
It is not necessary to use sophisticated language or complex formulas, as long as one can express their intentions in a understandable and effective manner.
However, there are fundamental elements without which a will cannot be considered valid.

In particular, it is necessary for the holographic will to be handwritten by the testator, who cannot even seek guidance in case of difficulties.
In the latter case, they should instead rely on a notary.
Secondly, the document must include the date and finally the autograph signature.
The signature must be placed at the bottom, as only the provisions preceding it will be valid.

Possible additions are not prohibited, but they must also meet the aforementioned requirements and have a second signature.
In the case of wills composed of multiple pages, it is not essential for each page to be signed.
The signature must be affixed to the document itself (not even allowed on the back or margins unless due to lack of space) and correspond to the usual one of the testator.

The content of the will

From a content perspective, there are some limitations that, if exceeded, can affect the validity of the testamentary provisions, partially or entirely.
It is therefore important to remember the following:

• Each will must be individual; mutual wills are not allowed.
• Succession agreements are prohibited, regarding agreements or acts referring to an estate not yet opened.
• The legitimate shares can be exceeded, but the legitimate heirs could take legal action to reinstate them.
• The testamentary division occurs in proportional shares across the entire deceased person’s estate, including donations made during their lifetime.
• Conditions can be included, as long as they do not involve impossible events.
• Specific assets can also be designated.

Married individuals must also consider their marital property regime, bearing in mind that the spouse is also a legitimate heir and cannot be deprived of the inheritance.
Although not mandatory, it could be useful to foresee a precise division of the assets in the will to avoid potential disputes and expedite the inheritance division.

The executor of the will

Appointing an executor of the will, or even more than one, is very useful to ensure that the provisions will be respected, especially in the presence of suspensive or resolutive clauses.
The executor can be chosen among the heirs themselves, provided they are of legal age and have not been incapacitated, although it is preferable to choose at least a couple.

This way, control is increased, and the heirs can divide the work in a very delicate phase.
In this regard, it is worth knowing that a notary can also be appointed as the executor of the will.