Which is the safest will?

There are several types of wills, and the choice of which one to use mainly depends on financial resources and the level of risk one is willing to take. Each type of will has its pros and cons, which we will analyze in this article, explaining which forms may be more suitable depending on individual needs.

What are the differences between a holographic will and a public will?

A will allows the distribution of the deceased's estate to the heirs from the moment the will is opened.

A holographic will can be written at any time, as long as it includes the key elements: the signature, date, and location where it is written. Once handwritten, the document is considered complete. It can be rewritten if the deceased’s wishes change, as long as it is completed and dated in the same way as the previous one. In fact, if multiple wills are published or found, only the most recent one will be legally valid.

A public will is a formal document made in the presence of a notary and two witnesses. The notary listens to the testator's wishes and then transcribes them. Therefore, unlike a holographic will, a public will is not written personally by the testator. Similarly, a public will can be modified whenever desired, as long as the testator returns to the notary.

What are the advantages and disadvantages of a holographic will?

The advantage of a holographic will is that it can be revoked or replaced with a new will that has a later date than the previous one. This process can be repeated indefinitely, as long as the previous holographic will is destroyed. If multiple holographic wills exist, any contradictions will be resolved by considering only the most recent one.

However, there are several disadvantages associated with a holographic will. The main issue is its storage and the risk of it being lost or forged. A different situation arises if the holographic will is found in its entirety: in this case, the risk lies in the interpretation of the document and the possibility of disputes, as there are no witnesses to the act.

What are the advantages and disadvantages of a public will?

The significant advantage of a public will is that it is publicly valid until proven false. The public will therefore serves as full proof of everything the notary attests to, and the notary's presence is mandatory in the case of a public will.

The person making the will does not need to worry about expressing their wishes correctly, as this is the notary's responsibility. This allows illiterate individuals or those who cannot write at that moment to make a will. The notary is also responsible for the storage and publication of the public will, eliminating the risks of loss or forgery. The notary keeps the will in a secure file until the testator’s death.

One disadvantage of the public will is the need to choose the exact time to create it. Any modifications or revocations must be made by returning to the notary. Another issue is that a public will is not free; the notary charges a fee for their services. Furthermore, since a public will requires witnesses, unlike the notary, the witnesses are not bound by professional secrecy. As a result, the witnesses may disclose the contents of the will to interested parties. This risk can be avoided if the testator chooses to create a secret will, which is a holographic will handed over to a trusted notary.

Which will should be chosen between a holographic will and a public will?

The choice of will is personal, and receiving advice on which one to choose is never easy. However, Agenzia delle Successioni can best describe the characteristics of both types of wills. By contacting through the form on agenziadellesuccessioni.it, you can schedule an appointment with professionals who can recommend the best option based on your needs. Consulting is free of charge.