The holographic will is one of the most common forms of will in Switzerland. It allows any person to write their last wishes independently, without the intervention of a notary. Simple, economical and legally recognized, it must however respect certain conditions of validity to be enforceable against heirs and avoid any dispute.
The essential
1. What is a holographic will?
2. Conditions of validity of the holographic will
3. Where to keep a holographic will?
4. modifications
5. Advantages and limitations of the holographic will
5 things to know before making a holographic will
In this article we explain what a holographic will, its advantages and limitations, as well as the precautions to take to ensure its effectiveness.
1. What is a holographic will?
A holographic will is a document written entirely by hand by the testator (the person who draws up the will), expressing his or her final wishes regarding the distribution of his or her assets after his or her death. Unlike a public (notarial) will, it does not require a notary or witness.
This form of will is recognized by theArticle 505 of the Swiss Civil Code (CCS) and is valid as long as it meets certain form and content requirements.
2. Conditions of validity of the holographic will
A holographic will must meet three essential conditions to be valid in Switzerland:
Written entirely by hand:
- The document must be written entirely by the testator, without the use of a computer, typewriter or third party.
- A typewritten will, even if signed, has no legal value in Switzerland.
Mention of the date:
- It is mandatory to indicate the date of writing. It should be noted that under theart. 520a CC, an undated will would be voidable only if it is impossible to determine the required temporal data in any other way and the date is necessary to judge the testamentary capacity of the author of the act, the priority between several successive dispositions or any other question relating to the validity of the will.
Signed by the testator:
- The signature must be affixed at the end of the document to certify its authenticity.
- It confirms that the wishes expressed are indeed those of the testator.
- According to the doctrine, the mention of a pseudonym, initials or even the family link existing with the beneficiaries is permitted ("your mother").
It can also be mentioned that it is not essential to give the title "will" to the document, as long as it is recognizable that it is the last wishes of the testator. Similarly, the will does not necessarily have to be written on a formal medium: a postcard, a painting, a paper tablecloth can serve as a medium for the will.
3. Where to keep a holographic will?
Although Swiss law does not impose any obligation regarding conservation, it is strongly recommended to deposit the will in a safe place in order to avoid its loss, destruction or forgetting. It is perfectly possible to deposit it with a trusted relative who can ensure its transmission after the death. It is also possible to deposit one's last wishes with the authority that the cantons are obliged to establish by law (justice of the peace or notary depending on the canton).
Finally, it is possible and advisable to have the will registered in the Central Register of Wills (RCT). This is a database that centralizes information relating to the existence and place of deposit of wills, it being specified that it does not store the documents themselves and that only lawyers, notaries and Swiss authorities can register data in the RCT.
4. modifications
As long as the will is not dated and signed, it is possible to make changes to it. Subsequent changes are also possible, but it is essential that they comply with the formal requirements, namely that they are specifically dated and signed.
5. Advantages and limitations of the holographic will
The advantages of a holographic will are numerous. The first is obviously its simplicity and lack of formality, since the testator only needs a sheet of paper and a pen to write their will. A holographic will offers great flexibility and freedom in expressing one's final wishes.
The testator can revise his or her will as many times as he or she wishes, as long as each new version meets the validity criteria mentioned above. In addition, no notary fees are required for drafting a holographic will, which is therefore less expensive.
As for the disadvantages, the first to be mentioned is the risk of error. Inaccurate or imprecise wording can also lead to problems of interpretation. It should also be noted that a holographic will is not always kept with a trusted relative or registered in the register of wills. There is therefore a risk that it will be lost or torn up by the person who finds it at the time of death.
