The holographic (handwritten) will

A holographic will is one written by the testator in their own hand. It is legally valid provided it meets the requirements of the Civil Code of Catalonia, which are:

• It must be handwritten and signed by the testator.
• It must state the place and date on which it was made.
• It must be made by an adult or an emancipated minor.
• Any words crossed out, corrected, added or written between the lines must be validated with the testator’s signature.

Only if these four requirements are met will the will be fully valid and effective. It will serve as a first will if we have never made one, or it will automatically revoke any earlier will. This is important: someone who previously made a will before a notary could, at the last minute (provided they are lucid), completely change their mind and write their new wishes on a piece of paper.

After the testator’s death, whoever knows of the holographic will, or finds it, must take it to a notary so that its authenticity can be verified.

The time limit for presenting the will to the notary for verification is four years from the testator’s death.

If the notary considers that the handwritten will is correct and meets all the legal requirements, they will add it to their official records, and it will then be fully valid and effective, just as if it had been made before them.

If, on the other hand, the will does not meet the legal requirements, the notary will refuse to register it, although the interested parties may challenge that decision.

We provide a sample holographic will as an example, to help you draft your own: download the sample (PDF, in Spanish).