Deciding who will receive your property after your death and making a will are among the key steps if you want everything to go according to your wishes. With a will, the estate goes to the heirs exactly as you choose. Having a will in place protects you from unwanted interference with your will and ensures that your estate is actually distributed as you wish.
The most commonly used types of wills are holographic (handwritten) and allographic (with witnesses) wills. What is the difference between them, when to use them and how to avoid mistakes that could compromise the validity of the will? Read on to find out.
A holographic will is a will written entirely in the testator’s hand. There is no notary or witnesses involved in the drafting. This type of will has precise conditions of validity. If you want your holographic will to be truly valid and legally binding, remember that it must be written in the handwriting of the testator, i.e. you, and signed with your handwritten signature.
One of the main advantages of a holographic will is its simplicity and affordability. You don’t need a notary or witnesses to make it, which means you can make a will virtually anytime, anywhere. This type of will is therefore ideal if you need to make a will quickly – for example, in the event of a serious health situation or if you have limited access to notarial services.
A holographic will also allows the testator to significantly reduce the cost of making a will. If you wish to make a will independently and keep it a purely private matter, this option may be beneficial to you. In addition, if circumstances or wishes change quickly, you can easily rewrite the will without the need to visit a lawyer or notary.
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The disadvantage of a holographic will is the higher risk of invalidity if you do not follow all the necessary requirements exactly when making it. The validity of a holographic will is linked to the exact fulfilment of the formal conditions. These include not only a clear identification of the testator, but also a handwritten signature. If you fail to meet any of these conditions, the content of the holographic will could be legally challenged and possibly declared invalid. The will would therefore have no weight and the succession proceedings would proceed according to the law regardless.
Another disadvantage is the easy contestability of the will in court. Holographic wills are generally less resistant to potential legal attacks. If feuding heirs fight over the estate, they may more easily challenge a holographic will. So if you are worried that your heirs might get into a legal dispute, a holographic will is probably not the ideal solution for you.
A holographic will is best suited when you need to express your wishes about your estate after your death quickly and without other people present. This form may be useful, for example, when you are travelling and in urgent situations where you need to act quickly or if you are unable to arrange for witnesses or notaries. Either way, if you decide to go for it, bear in mind that a holographic will is not as legally strong as other types of wills and therefore may be more contestable.
Tip: If you want to avoid fighting over your property after your death, you can also conclude a succession contract with the heir of your choice. Read more about this option in our article.
An allographic will is a type of will in which the testator expresses his or her wishes in the presence of two witnesses. As the testator, you can write this type of will yourself on a computer or with the assistance of a third party, such as a notary. You must then sign it in your own handwriting as testator. However, the presence of two witnesses is important here, before whom you must declare that this is your will.
These witnesses must not be relatives or potential heirs of the deceased. Their role is very important as they confirm by their signature that the testator has made the will voluntarily and with full knowledge. Witnesses should be able to testify to their presence at the time of the making of the will in any litigation. If any of the witnesses are shown to have an interest in the succession or are not entirely impartial, this may invalidate the whole will.
An allographic will has the advantage of greater legal certainty. The presence of two witnesses ensures that the will is less prone to legal disputes and easier to prove its authenticity. If someone is planning to leave a significant estate or is concerned that their wishes may be challenged, an allographed will is definitely a better option for them.
Thanks to the presence of witnesses, an allographic will can be considered formally correct and resistant to any attempts to challenge it. This type of will also provides greater legal certainty for the heirs, as the presence of witnesses reduces the likelihood of the will being challenged or declared invalid.
Allographic wills are more complex to prepare than holographic wills and usually involve higher costs. Securing witnesses or the attendance of a notary public can be time-consuming and costly factors that make testators resort to holographic wills instead. Some people may find it difficult to secure two independent witnesses, especially if they need a will drawn up quickly in an emergency situation.
In addition, if the witnesses are not independent or have a personal interest in the inheritance, this can lead to legal complications. Therefore, if you are planning to make an allographic will, always take care to choose witnesses who will be truly independent and have no relationship to the property that will be the subject of your will.
Making a Will is an important legal act and it is therefore crucial to pay attention to all the formal requirements it entails.
However, the best type of will we recommend is a notarial will. This form provides the greatest legal guarantee that the will will meet all the requirements. In addition, this type of will is also filed with a notary, so that it is easy to trace during the succession proceedings.
The decision between holographic (handwritten) and allographic (with witnesses) wills depends primarily on the need for legal certainty and speed. A holographic will offers a simple and quick solution without the need for witnesses, but is riskier in terms of contestability and formal errors that may jeopardise its validity. On the other hand, an allographic will, drawn up in the presence of two witnesses, is more resistant to potential legal disputes but requires more organisational effort and sometimes higher costs. The appropriate choice of will depends on your current needs and the level of legal protection you wish to ensure.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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