Can I write a will by hand, without a notary?
Yes: you can make a valid handwritten (holographic) will. Under art. 949 of the Civil Code, a handwritten will must be written entirely in your own hand, signed by you and — ideally — dated. You need no notary or witnesses. A will written on a computer, printed or dictated to someone else is invalid. The lack of a date doesn't always invalidate the will, but it can raise doubts (e.g. about the order of wills or capacity to make one), so it's worth adding the date. You can change or revoke a handwritten will at any time. For more complex situations (e.g. specific bequests, disinheritance), a notarial will — harder to challenge — is often safer.
📋 The rules
- Basis: art. 949 of the Civil Code
- Text written entirely by hand by the testator
- A handwritten signature is required
- Date recommended (its absence doesn't always invalidate)
- A computer or dictated version is invalid
🔓 Exceptions
- Notarial will: safer for complex dispositions
- Allographic will (oral before an official and witnesses): in special situations
- Missing date: doesn't invalidate if there's no doubt as to validity
⚠️ Penalties & fines
A handwritten will made against the requirements (e.g. typed on a computer, unsigned) is invalid, which means the estate will be divided by statutory succession, not your will. Doubts about the authenticity of the handwriting or the testator's state can lead to a court dispute and the will being challenged. To make the will effective: write it entirely by hand, legibly, sign it with your full name, add the date and place, phrase the dispositions unambiguously, and keep the document in a safe place (you can also deposit it with a notary or register it in the Notarial Register of Wills). For complex matters, consider a notarial will.
📎 Official sources
❓ Frequently asked
Is a handwritten will valid without a notary?
Yes. A handwritten (holographic) will is valid without a notary or witnesses, provided it meets the requirements of art. 949 of the Civil Code: it's written entirely by hand, signed and ideally dated. It's the simplest form of disposing of assets on death.
Can I write a will on a computer?
No. A will written on a computer, printed or dictated to someone else is invalid. The handwriting requirement protects the document's authenticity and the testator's free will. The whole will — not just the signature — must be made in the testator's own hand.
Must the will have a date?
A date is recommended, but its absence doesn't always invalidate the will. The date matters where there are doubts about the testator's capacity to make a will or where there are several wills and their order must be established. So, for safety, always add the date and place.
Can I change or revoke a will?
Yes, at any time. You can change or revoke a will by making a new one or destroying the existing one. A new will can fully replace the previous one or change part of it. It's worth clearly stating that you revoke earlier dispositions, to avoid doubt.
When is a notarial will better?
For more complex situations — e.g. specific bequests (passing a particular item), disinheritance, or where you fear the will being challenged. A notarial will is harder to question, is safely stored and can be registered in the Notarial Register of Wills.
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