Will Model
Planning your estate may seem complex, but drafting a will is an effective way to ensure that your final wishes are respected. A will allows you to specify exactly how your assets will be distributed after your death, while also helping to prevent potential conflicts among heirs. This article explores the different forms of wills, their drafting process, and the legal considerations involved to help you make the best decisions for your inheritance.
(This template is to be completed and adapted according to the situation and the wishes of the testator. The information within brackets must be replaced with the corresponding details. The notes in italics are indications regarding the type of document or information to add and should not appear in the final will.)
At the notarial office of Maître [Name and surname of the notary], Located at [Complete address of the notarial office],
On [Full date],
Before us, Maître [Name and surname of the notary], notary in [City where the notarial office is located], department of [Name of the department], in the presence of the undersigned witnesses,
Mr./Mrs. [Name and surname of the testator], born on [Date of birth] in [Place of birth], residing at [Full address of the testator’s home],
Of nationality [Nationality of the testator], holder of identity document number [Identity document number] issued on [Issue date] in [Place of issue],
Single/Married/Partnership/Pending Divorce/Widower/Widow (strike out what does not apply),
Declared his/her intention to dispose of his/her assets after death by this authentic will which he/she has dictated aloud, and which we have drafted following his/her instructions.
Article 1: REVOCATION OF PREVIOUS WILLS
I hereby revoke all wills and codicils I may have made prior to this date, so that only my present dispositions are valid after my death.
Article 2: APPOINTMENT OF HEIR(S)
I bequeath to [Name and surname of the legatee(s)], born on [Date of birth] in [Place of birth], residing at [Address of the legatee(s)], the following assets: [Exact description of the bequeathed assets].
Indicate the type of legacy (universal, in a universal quota, specific) and, if applicable, the distribution of assets.
Article 3: TESTAMENTARY EXECUTOR
I appoint as my testamentary executor [Name and surname of the executor], born on [Date of birth], in [Place of birth], to oversee the execution of my last wishes as expressed in this will.
Article 4: FUNERAL ARRANGEMENTS
I wish my funeral to take place according to [the religious denomination or the mention “in strict privacy”, or “without religious ceremony”, or any other indication regarding the funeral arrangements].
Article 5: SPECIFIC DISPOSITIONS
Specify here any other special provisions, such as legacies to charities, specific instructions regarding real estate or businesses, etc.
Article 6: CLAUSE OF PRECAUTIO OR EXCLUSION
Optional: Include a clause of precaution or disinheritance, if necessary, and describe the conditions of this clause.
Article 7: SIGNATURE
Made in [City], on [Full date]. Signatures:
The testator: [Signature of the testator] The notary: [Signature of the notary]
The witnesses: [Signatures of the witnesses]
(Witnesses must be of legal age, enjoy civil rights, and not be heirs or legatees.)
Documents to add to the file:
- Full copy of the birth certificate of the
- Copy of the identity document of the
- Recent proof of address of the
- Any other document proving ownership of the assets mentioned in the
- It should be noted that authentic wills must be drafted, read, and signed in the presence of a notary and two witnesses or two notaries. They are then stored by the
This document is a generic template and must be tailored to individual needs. For practical application, it is essential to be assisted by a notary who will ensure the validity and accuracy of the information in accordance with current law.
Summary
| Section | Description |
|---|---|
| 📜 What is a Will? | A legal document where a person, the testator, states how their assets should be distributed after their death. Essential to ensure respect for their wishes and prevent conflicts. |
| ✍️ Basics of the Holographic Will | Simple to draft, must be entirely handwritten by the testator, including the date and signature. Easy but must be precise to avoid being null. |
| 🔍 The Importance of Precision | Necessary to avoid ambiguities and disputes. Each beneficiary must be clearly identified with precise details about the assets bequeathed to them. |
| 👨⚖️ Consultation with a Professional | Recommended even if drafting is free, to ensure the will complies with legal standards and minimizes risks of contestation. |
| 🔐 Respecting the Inheritance Reserve | The will cannot be used to allocate more than the available share. The law guarantees a minimum portion for certain heirs, such as children. |
| 🔄 Modification and Cancellation | A holographic will can be easily modified or revoked by the testator during their lifetime. Simply destroy the old document and draft a new. |
| 🏦 Where to Keep Your Will? | It can be kept privately or entrusted to a notary who will officially record it, ensuring its consideration during the inheritance. |
| 📑 Other Types of Wills | Includes the authentic will and the mystic will. Offer more formalism and security but may be more costly. |
| ⚖️ Advantages & disadvantages of the different types of wills | Details on the advantages and disadvantages of each type, such as the ease of drafting the holographic will and the legal security of the authentic will. |
| 💰 What Budget to Expect? | Summary of costs associated with each service related to wills, including the free nature of the holographic will except for legal advice, and the cost of drafting an authentic will. |
What is a Will?
A will is a legal document in which a person, the testator, states how their assets should be distributed after their death. This document is crucial to ensure that your final wishes are respected and to prevent potential conflicts among heirs.
Basics of the Holographic Will
The holographic will is characterized by its simplicity of drafting: it must be written entirely by hand by the testator. This includes the date and signature, otherwise the document could be considered null.
The Importance of Precision
Precise drafting is essential to avoid ambiguities that could lead to litigation. Each beneficiary must be clearly identified with detailed information about the assets bequeathed to them.
Consultation with a Professional
Although drafting a holographic will is free, it is often advisable to consult a professional. A notary or a lawyer can ensure that the will complies with all legal standards and reduce the risk of contestation.
Respecting the Inheritance Reserve
The will cannot allocate more than the available quota, a portion of the estate that the testator can distribute freely. The law guarantees a minimum share, the inheritance reserve, for certain heirs, such as children.
Modification and Cancellation
A holographic will can be easily modified or revoked by the testator during their lifetime. To do so, simply destroy the old document and draft a new.
Where to Keep Your Will?
It is possible to keep the will privately or entrust it to a notary who will officially record it. This guarantees that the will will be considered during the inheritance.
Other Types of Wills
Besides the holographic will, there are more formal forms like the authentic will, drafted in the presence of a notary and witnesses, and the mystic will, sealed and handed to a notary.
What are the advantages & disadvantages of the different types of wills
| Type of Will | Advantages | Disadvantages |
|---|---|---|
| Holographic Will | – Easy to draft oneself
– No initial cost – Can be easily modified or destroyed |
– Risk of being lost or damaged
– Can be contested if poorly drafted – Lack of formal legal requirements |
| Authentic Will | – High legal security
– Professional advice from a notary – Less likely to be contested |
– Higher costs
– Less confidentiality as contents are known to the notary and witnesses |
| Mystic Will | – Offers a certain confidentiality (sealed)
– Drafted in the presence of witnesses for more formality |
– Similar costs to authentic will
– Must be officially opened for validation |
What budget should you expect? Here are approximate prices
| Service | Description | Approximate Cost |
|---|---|---|
| Drafting a holographic will | Will written by hand by the testator, without witnesses or notary. | Free, except legal advice (variable) |
| Deposit with a notary | Safekeeping of the holographic will with a notary and registration with the FCDDV. | About €26.92 excluding tax |
| Authentic will | Will drafted and signed in the presence of a notary and witnesses. | About €113.19 |
| Mystic will | Will written by the testator, sealed and handed to a notary in the presence of witnesses. | About €113.19 |
| Legal consultation | Advice from a notary or lawyer for drafting the will. | Variable, often based on hourly rate |
| Modification of a will | Updating or changing the provisions of an existing will. | Cost of the notary (if involved) + administrative fees |
| Revocation of a will | Physical destruction or legal revocation of a will. | Free or low cost (material destruction) |
| Registration with the FCDDV | Formal registration of the will with the Central Registry of Last Wishes. | About €26.92 excluding tax |
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