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Reserved share · holographic or notarial
Updated July 2026

📜 Can I leave everything to whoever I like?

With conditions
Quick answer

Not entirely — there is a reserved share, and it cannot be sidestepped. The Inheritance Act protects the closest heirs by reserving a portion of the estate that you cannot dispose of. Where there is no surviving spouse: with one child (or their descendants) the reserved share is 1/2; with two or more children it is 2/3 of the estate. The spouse's reserved share is 1/2 when inheriting alone, and 1/3 where the deceased also left parents. Everything outside the reserved shares is the disposable part — that you may leave freely. The form is either notarial (before a notary and two witnesses) or holographic — written entirely by hand by the testator, dated and signed.

📋 The rules

  • One child: reserved share 1/2; two or more — 2/3
  • Spouse alone: 1/2; with surviving parents — 1/3
  • Only the disposable part can be left freely
  • Notarial will: before a notary and 2 witnesses
  • Holographic: entirely handwritten, dated and signed

🔓 Exceptions

  • A holographic will can be deposited with a notary for safekeeping
  • The will is formally announced by a notary after the testator's death
  • A will can be revoked or amended by the testator at any time

⚠️ Penalties & fines

A will that encroaches on the reserved share is not void — it stands until it is challenged. An heir with a reserved share brings a claim for restoration of that share, and the court reduces the testamentary dispositions down to the disposable part. So "I leave everything to my neighbour" works only if nobody objects. Separately, the holographic will is the most frequently contested form: the date is missing, it is not wholly handwritten, or the handwriting is alleged not to be the testator's — and the case ends in a handwriting expert's report. The notarial form costs more but is markedly harder to attack.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Can I disinherit my children?

Not entirely. Children have a reserved share — 1/2 with one child, and 2/3 with two or more. You may dispose freely only of the disposable part that lies outside it.

What is the spouse's reserved share?

Half the estate where the spouse inherits alone, and one third where the deceased also left parents. These shares cannot be taken away by a will.

Is a handwritten will valid?

Yes, but on strict conditions: it must be written entirely by hand by the testator, carry a date, and be signed by them. Miss one of the three and the will fails.

What if the will encroaches on a reserved share?

It is not void; it stands until challenged. The heir with the reserved share brings a claim for restoration, and the court reduces the dispositions to the disposable part.

Can I revoke my will?

Yes, at any time and without giving reasons — by a new will or by express revocation before a notary. A later will revokes the earlier one so far as the two conflict.

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