Compare in detail the main types of wills – including holographic, authentic and mystic wills – by analyzing their advantages, disadvantages as well as the conditions of validity and legal security that they offer. Then, identify the one that best corresponds to your family and patrimonial situation by taking into account criteria such as the complexity of your inheritance, the need for notarial support, the desired degree of confidentiality and any specific wishes to be transmitted to your heirs.

The simplest and most used. It must be entirely handwritten, dated and signed by the testator. Its main advantage lies in its simplicity and free nature, since it does not require the intervention of a notary. It also allows for total confidentiality since only the testator knows of its existence and content. However, it presents significant legal risks: poor drafting, omissions or ambiguity in the wording can lead to its invalidation or give rise to disputes between heirs. In addition, if it is not registered or kept in a safe place, it can be lost, destroyed or falsified. To limit these risks, it is advisable to file it with a notary or have it registered in the Central File of Last Will and Testament Dispositions (FCDDV).

The authentic will

As for it, it is drawn up before a notary in the presence of two witnesses or a second notary. This type of will guarantees optimal legal security, because the notary ensures that the provisions comply with legal rules and ensures that the testator's wishes are clearly expressed. It also makes it possible to provide for complex provisions, such as the protection of the surviving spouse, the precise distribution of assets between heirs or the establishment of a specific legatee. In addition, it is kept by the notary, which prevents any loss or destruction. However, this security comes at a cost, because notarial intervention involves fees. In addition, the authentic will lacks confidentiality, because it is known to the notary and the witnesses. It is recommended for people with complex assets, several heirs or wishing to minimize the risk of dispute.

The Mystical Testament

an alternative between the two previous ones. It is written by the testator, then given in a sealed envelope to a notary in the presence of witnesses. Its main advantage is that it preserves the confidentiality of the content, even in front of the notary, while guaranteeing a certain legal security. However, it is little used in practice, because its implementation is more restrictive. In addition, if it contains errors, these will only be discovered when the will is opened after the death, which can pose problems of application.