Can I make a will myself?
Yes, and it's advisable to do so. You can make a will in several forms. The holographic will is the one you write entirely by hand, with a date and signature: it's valid without a notary, but more exposed to loss or challenge. The public will is received by a notary in the presence of witnesses and is the safest, as it's kept and registered. There's also the secret will, handed sealed to a notary. In any case, you must respect the reserved share, i.e. the portion of the estate reserved by law for forced heirs (spouse, children and, failing them, ascendants): you can freely dispose only of the disposable share. A will is always revocable, and the most recent one prevails.
📋 The rules
- Holographic: handwritten, dated and signed (valid without a notary)
- Public: before a notary with witnesses (the safest)
- There's also the secret will
- The reserved share for forced heirs must be respected
- A will is always revocable; the most recent prevails
🔓 Exceptions
- Special wills (in disasters, aboard ships/planes): particular forms
- Non-property provisions (recognising children, naming an executor)
- The disposable share varies with the number of children and the spouse
⚠️ Penalties & fines
A holographic will not respecting the form (not entirely handwritten, lacking a date or signature) is void or voidable. A will that harms the reserved share of forced heirs is challengeable: the harmed heirs can bring the action for reduction to obtain their reserved share. Concealing, destroying or falsifying a will is a crime. To avoid challenges and ensure your wishes are respected, the safest option is the public will before a notary, which stays registered. Keep the holographic one in a safe place or entrust it to a notary for publication.
📎 Official sources
- Normattiva · Civil Code (wills, art. 587 ff.) →
- National Council of Notaries · The will →
- Ministry of Justice · Successions →
❓ Frequently asked
Is a handwritten will valid?
Yes, it's the holographic will. It must be written entirely in your own hand, bear the date and the signature. It's valid without a notary, but more exposed to loss or challenge. For greater safety you can entrust it to a notary or opt for the public will.
Do I need a notary to make a will?
Not for the holographic (handwritten) one, but the public will received by a notary is the safest: the notary ensures its validity, keeps and registers it, reducing the risk of loss and challenges. It's the most recommended form for complex wishes.
Can I leave my assets to whoever I want?
Not entirely. You must respect the reserved share, i.e. the portion of the estate reserved by law for forced heirs (spouse, children and, failing them, ascendants). You can freely dispose only of the disposable share; the rest is reserved by law.
Can I change my will?
Yes, at any time. You can revoke the previous will or make a new one: the most recent always prevails. It's best to clearly date each will to avoid doubts about which is valid. Revocation can be express or implied.
What happens if the will harms the reserved share?
The harmed forced heirs can challenge it with the action for reduction, to obtain the share reserved for them by law. So it's best, when drafting the will, to take the reserved shares into account and possibly get a notary's assistance.
🔎 Common searches
What people search to land here:
- “holographic will how to make”
- “public will notary”
- “will respect reserved share”
- “valid will without notary”
- “revoke will”
- “action for reduction reserved share”