Finance

How to legally write a will by hand?

On August 3, 2024 , updated on August 3, 2024 - 8 minutes to read

IN SHORT

  • Will : Legal document to express your last wishes.
  • Handwriting : Must be fully written, dated and signed by the testator.
  • Legal conditions : Understand the specific requirements for it to be valid.
  • Testamentary clause : Explain assets and heirs clearly.
  • Conservation : Choose a safe place to keep it accessible.
  • Notary : Option to use a notary to guarantee validity.
  • Cancelation : Know how to cancel a previous will if necessary.

Stage Details
1. Support Use plain paper or a notebook.
2. Date Indicate the date of writing at the top of the document.
3. Title Start with a clear title, for example “Testament”.
4. Identity Specify your last name, first name, date of birth and place of residence.
5. Provisions Clearly state your wishes regarding the distribution of property.
6. Signatures Sign the will at the end of the document.
7. Cookies Although optional, having two witnesses sign is recommended.
  • 1. Choose the support: Use good quality white paper.
  • 2. Write by hand: Write the will entirely by hand to guarantee its authenticity.
  • 3. Indicate the date: Mention the date and place of writing at the top of the document.
  • 4. Present the heirs: Clearly name each heir and their share of the inheritance.
  • 5. Specify the legs: Detail all the desired assets and legacies.
  • 6. Revocation clause: Include a clause to cancel previous wills.
  • 7. Sign the document: Sign at the bottom of the will to make it official.
  • 8. Keep the will: Keep the document in a safe place, out of sight.
  • 9. Inform the heirs: Inform relatives of the existence and location of the will.
  • 10. Respect the laws: Comply with local laws to ensure the validity of the will.

Writing a will by hand

Writing a will by hand, also called a holographic will, is a simple and inexpensive process. However, for it to be legally valid, certain conditions must be respected.

Firstly, it is essential that the will be written entirely by hand by the testator. Use of a computer or typewriter will render the will invalid. The document must be dated and signed by the testator.

To ensure that wishes are respected, the content of the will must be clear and precise. Here are some things to include:

  • First and last name of the testator
  • Date of writing
  • Precise designation of beneficiaries
  • Detailed description of the assets bequeathed
  • Special provisions, if applicable

It is advisable to word each provision in an understandable manner to avoid any ambiguity. The testator must very clearly express his wishes regarding the distribution of his property. For example, instead of writing “I bequeath my house to my children”, it is preferable to specify: “I bequeath my house located at 12 rue de l’Espoir, Paris, to my children, Pierre and Marie, separately equal.”

Compliance with these rules ensures that the will will be accepted by the judicial authorities and executed according to the wishes of the testator. In some cases, it may be wise to have the document proofread by a professional. notary or a specialist lawyer to ensure that it does not contain any ambiguity or error likely to render it obsolete.

Finally, it is important to keep the will in a safe place and to inform a loved one of its existence and location. This can avoid many complications during the inheritance.

The essential steps for writing your will

Write a will in hand requires following precise rules in order to guarantee its legal validity. Here’s how to do it legally.

The first step is to write the will by hand on plain paper. Use an ink pen to avoid any dispute over deleting and adding information. It is essential that all the contents of the will be handwritten to prove its authenticity and spontaneity.

Clearly indicate your wishes regarding the distribution of your property. Specify the beneficiaries, the shares of each, and the assets allocated. It is also possible to express last wishes regarding funeral arrangements.

To identify beneficiaries, use their full names and, if possible, their dates of birth to avoid confusion. Be specific when describing the property: for example, mention the full address of a property or the distinctive characteristics of a piece of jewelry.

Insert a revocation clause to cancel any previous will. This clause ensures that your latest version of the will is the one that will be taken into account. Use explicit language like “I revoke all previous wills.”

Write the full date of the day you make the will. This information is crucial to prove that you were in full possession of your mental faculties on that date.

At the end of your will, sign your full name. The signature must appear immediately after your last wishes to certify that you are the author. You can add a fingerprint for added security, although this is not required.

Optional but recommended, have your document authenticated by a notary. Although this is not a legal obligation, it provides additional security and prevents disputes.

Keep the will in a safe place and inform a trusted person of its location. It is important to ensure that the document can be found quickly after your death.

Here is a summary of the essential steps for writing a will in hand :

  • Write the will entirely by hand.
  • Clearly indicate the beneficiaries and the assets bequeathed.
  • Add a clause for revocation of previous wills.
  • Include the full date.
  • Sign and possibly affix a fingerprint.
  • Have it authenticated by a notary (optional).
  • Keep the document in a safe place.

Mistakes to avoid when writing

Write a will in hand, also called holographic will, is a practical and economical solution to ensure the transmission of your goods. It is essential to respect certain rules for it to be legally valid.

Be sure to write your will by hand, on a plain sheet of paper. It must be entirely handwritten by the testator himself, and not by another person, even if he or she acts under your dictation. Use ink rather than pencil to avoid editing later.

Clearly indicate in your document that it is your will. This clarification is crucial to avoid any confusion as to the nature of the document.

Mention the date details of drafting the will. This information is essential to determine the order of validity of documents in the case of multiple wills. The date must include the day, month and year.

Then clearly state your last wishes. Specify the distribution of your assets between the different heirs as explicitly as possible. Use simple, well-defined terms to describe assets and identify beneficiaries.

For your will to be valid, it is imperative to sign of your hand. The signature proves that you are the author of this document and that you have written it in all conscience.

There are many mistakes to avoid. First of all, do not dictate your will to someone else to write it for you. It must be handwritten by you to be valid.

Avoid erasures, additions or corrections without dating them and affixing a new signature. A handwritten document with unvalidated changes may be challenged.

Use precise language and avoid ambiguous terms. An ambiguous will can lead to disputes between heirs and legal complications.

Don’t hide your will. Make sure that it is easily accessible after your death, either by entrusting it to a trusted third party or by depositing it with a notary.

A: A holographic will is a will written entirely by hand by the testator, without any particular formality, which is recognized as valid by law.

A: For a handmade will to be valid, it must be written in full in the testator’s handwriting, dated and signed by him.

A: No, a holographic will does not need to be notarized to be valid, as long as it meets the legal requirements.

A: To date a will, simply enter the date at the time of writing, specifying the day, month and year.

A: Yes, it is possible to modify a holographic will by completely rewriting it or adding information, but it is advisable to keep a copy of the old one.

A: Yes, certain assets, such as those that cannot be bequeathed by will (for example, inheritance rights reserved for heirs) cannot be mentioned.

A: It is recommended to keep the will in a safe place and to inform a trusted person of its existence and location.

A: Yes, it is possible to make a will in another language, as long as the testator can demonstrate understanding and intention.

A: If a holographic will is lost, it can be difficult to prove its existence or contents, so it is important to keep copies and inform relatives.