Can I write my own will?
Yes: you can write your own holographic will, if you meet three conditions. The Civil Code (art. 1041) allows the holographic will — written by you, without a notary. To be valid, under penalty of absolute nullity, it must be, entirely: written in your hand, dated (fully: day, month, year) and signed by you. The text must be written entirely by hand, without being "guided" by someone else and without being typed or printed. The date must be complete and refer to the whole content, but can be placed anywhere (beginning or end). The signature is usually placed at the end. The will can be written on any support and with any instrument (pen, pencil). Note: failing any of the three conditions (written, dated, signed) makes the will void.
📋 The rules
- The holographic will must be written entirely in your hand
- It must be fully dated: day, month, year
- It must be signed by you (usually at the end)
- No typing/printing and not "guided" by another
- Missing a condition = absolute nullity
🔓 Exceptions
- Can be written on any support (paper etc.) and with any instrument
- The date can be at the start or end, but must be complete
- For safety, it can be deposited for safekeeping with a notary
⚠️ Penalties & fines
The holographic will involves no "sanctions" but a risk: if it doesn't meet the three conditions (handwritten, fully dated, signed), it is absolutely void and produces no effects, whatever the will expressed. So a formal error can mean the estate is divided by the legal rules, not by your wishes. To avoid trouble: write it entirely by hand (not on a computer), put the full date and sign, express your wishes clearly and avoid unclear crossings-out. For even more certainty, you can opt for an authenticated will at a notary, or deposit the holographic will for safekeeping with a notary, who will register it in the national notarial register.
📎 Official sources
- Civil Code · art. 1041 (holographic will) →
- National Union of Public Notaries of Romania →
- Civil Code · testamentary inheritance →
❓ Frequently asked
Can I write a will without a notary?
Yes. The Civil Code allows the holographic will, written by you, without a notary. To be valid, it must be written entirely in your hand, fully dated (day, month, year) and signed. If you meet these three conditions, the will has the same legal effect as one authenticated at a notary.
What conditions must the holographic will meet?
Three cumulative conditions, under penalty of absolute nullity: it must be written entirely in your hand, fully dated (day, month, year) and signed by you. The text can't be typed or printed and can't be "guided" by someone else. Missing any of these conditions makes it void.
Can I write the will on a computer?
No. The holographic will must be written entirely in your hand. A typed or printed text doesn't meet the "handwritten" condition and makes the will absolutely void. If you want a typed will, the right choice is the authenticated will, drawn up at a notary.
Where do I put the date and signature?
The date must be complete — day, month, year — and can be placed anywhere in the document, at the start or the end, the key point being that it refers to the whole content. Your signature is usually placed at the end of the will. Both are mandatory for validity, alongside the handwriting.
What happens if the will is void?
If the holographic will doesn't meet the formal conditions, it's absolutely void and produces no effects. In that case, the estate is divided by the legal rules, not by your wishes expressed in the invalid document. That's why, for safety, many choose the authenticated will or deposit it for safekeeping.
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