Can I write a valid will myself without a notary?
Yes, you can write a valid will yourself without a notary and without witnesses – this is a handwritten (holographic) will, and it is valid only if written entirely by hand and signed by hand. Under the Inheritance Act (ZD), a handwritten will is valid if the testator wrote and signed it by hand; it is valid even if it bears no date, though a date is advisable in case of later wills. The key myth is that a will must be typed or notarised – a computer-typed text does not count as a handwritten will, even if you sign it. A will may be made by a person who has reached 15 years and is capable of reasoning. There is no complete freedom: forced heirs (descendants, a spouse, in certain cases parents) have a right to a reserved share, so a will cannot entirely disregard the closest family. Besides the handwritten form there are others (before witnesses, notarial, court), but for a valid home-made will a hand and a signature are enough.
📋 The rules
- A handwritten will is valid if the testator writes it entirely by hand and signs it by hand; a notary and witnesses are not required.
- A computer-typed or typewritten text does not count as a handwritten will, even if you sign it; such a will is invalid.
- A will is valid even without a date, but a date is advisable, as the latest will prevails where there are several.
- A will may be made by a person who has reached 15 years and is capable of reasoning (testamentary capacity).
- Forced heirs (descendants, a spouse, in certain cases parents) have a right to a reserved share, so disposal by will is not entirely free.
🔓 Exceptions
- Someone who cannot write cannot make a handwritten will; other forms are available, such as a will before two witnesses, a notarial or a court will.
- A notarial or court will offers greater evidential weight and safer storage; these are advisable with larger estates or expected disputes among heirs.
- In exceptional circumstances (e.g. imminent danger of death) the law recognises a special oral will before witnesses, which is valid only for a limited time and under strict conditions.
⚠️ Penalties & fines
With a will the 'penalty' is not a fine but invalidity and a dispute among heirs. If the will is not written entirely by hand and signed – most often because it is typed – it is invalid, and the estate is inherited under the law, not according to your wishes. An unclear, undated or contradictory will opens the door to challenges and lengthy probate disputes, in which court and lawyer costs quickly exceed the value of the savings. If you try to disregard the forced heirs, they can claim their reserved share, which changes your arrangement. A lost or hidden home-made will often never reaches the court, so storage with a notary or entry in the register of wills makes sense. Defects of form, an incomplete signature or doubts about testamentary capacity (age, soundness of mind) are the most common reasons a home-made will fails – and the consequences fall on the heirs, no longer on the testator.
📎 Official sources
- PISRS · register of legislation (Inheritance Act, ZD, forms of a will) →
- e-uprava · forms of a will and inheritance →
- sodisce.si · probate proceedings →
❓ Frequently asked
Is a will written at home valid?
Yes, a handwritten will is valid without a notary or witnesses if you write it entirely by hand and sign it by hand. A computer-typed text, even if you sign it, does not count as a handwritten will and is invalid.
Does a will have to be certified by a notary?
No, certification by a notary is not a condition for the validity of a handwritten will, as a handwritten text and signature are enough. A notarial or court will does, however, offer greater evidential weight and safer storage, which is sensible with larger estates or expected disputes.
Do I have to write a date on the will?
A will is valid even without a date, but a date is strongly advisable, as the latest will prevails where there are several. Without a date it is harder to prove which will was written later, which opens the door to disputes and challenges.
To whom may I leave my property by will?
You may leave your property to anyone, but not entirely freely, as forced heirs such as descendants and a spouse have a right to a reserved share. If you disregard them in the will, they can claim the reserved share, which changes your arrangement.
How old must I be to write a will?
A will may be made by a person who has reached 15 years and is capable of reasoning. If, at the time the will was made, the testator was not capable of understanding the meaning of the act, the will can be challenged for lack of testamentary capacity.
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