Model Will
Planning your succession may seem complex, but drafting a will is an effective way to ensure that your final wishes are respected. A will allows you to precisely determine how your assets will be distributed after your death, while helping to prevent potential conflicts among heirs. This article explores the different forms of wills, their drafting, and legal considerations, to help you make the best decisions for your inheritance.
(This model is to be completed and adapted according to the situation and the wishes of the testator. The information within brackets should be replaced with the corresponding details. The italic notes are indications about 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 [Full 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 department], in the presence of the undersigned witnesses,
Mr./Ms. [Name and surname of the testator], born on [Date of birth] in [Place of birth], residing at [Full address of the testator’s domicile],
Nationality [Nationality of the testator], holder of identity document number [Identity document number] issued on [Date of issue] at [Place of issue],
Single/Married/Union Pact/Divorced/Widowed (strike through the unnecessary mentions),
Declared to dispose of their assets after death by this authentic will which he/she has dictated aloud, and which we have written down according to his/her instructions.
Article 1: REVOCATION OF PRIOR WILLS
I revoke by this act all wills and codicils I may have made before today, so that only my present provisions are valid after my death.
Article 2: NOMINATION OF HEIR(S)
I bequeath to [Name and surname of the heir(s)], born on [Date of birth] in [Place of birth], residing at [Address of the heir(s)], the following assets: [Detailed description of the bequeathed assets].
Specify the type of legacy (universal, to a universal title, specific) and, if applicable, the distribution of assets.
Article 3: EXECUTOR OF THE WILL
I appoint as executor [Name and surname of the executor], born on [Date of birth], in [Place of birth], to ensure the execution of my final wishes as expressed in this will.
Article 4: FUNERAL ARRANGEMENTS
I wish that my funeral takes place according to [the religious denomination or the phrase “in strict privacy”, or “without religious ceremony”, or any other indication regarding the funeral arrangements].
Article 5: SPECIFIC PROVISIONS
Specify here any other particular provisions, such as legacies to charitable organizations, specific instructions regarding real estate or businesses, etc.
Article 6: PREEMPTIVE CLAUSE OR DISINHERITANCE
Optional: Include a preemptive or disinheritance clause, 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 their civil rights, and must not be heirs or legatees.)
Documents to add to the file:
- Full copy of the birth certificate of the
- Copy of the ID 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.
In Summary
| Section | Description |
|---|---|
| 📜 What Is a Will? | A legal document in which a person, the testator, declares how their assets should be distributed after their death. Essential for ensuring that your final wishes are respected and to prevent conflicts. |
| ✍️ Basics of the Holographic Will | Simple to prepare, 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. |
| 👨⚖️ Consulting 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 bequeath more than the available share. The law guarantees a minimum share for certain heirs, such as children. |
| 🔄 Modification and Cancellation | An holographic will can be easily modified or revoked by the testator during their lifetime. It suffices to destroy the old document and draft a new. |
| 🏦 Where to Keep Your Will? | Can be kept privately or entrusted to a notary who will officially record it, ensuring it is taken into account 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 Different Will Types | Details on the pros and cons of each type of will, such as the ease of drafting for the holographic will and the legal security of the authentic will. |
| 💰 What Budget Should You Expect? | Summary of costs associated with each service related to wills, such as the free service for a holographic will (excluding legal advice), and the cost for 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 your final wishes are respected and to avoid potential conflicts among heirs.
Basics of the Holographic Will
The holographic will is characterized by its simplicity of drafting: it must be entirely handwritten by the testator. This includes the date and signature; otherwise, the document could be considered null.
The Importance of Precision
Accurate 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.
Consulting a Professional
Although drafting a holographic will is free, it is often advisable to consult a professional. A notary or lawyer can ensure that the will complies with all legal standards and reduce the risks of contestation.
Respecting the Inheritance Reserve
The will cannot bequeath more than the available share, a portion of the estate that the testator can freely allocate. Law guarantees a minimum share, the inheritance reserve, for certain heirs such as children.
Modification and Cancellation
An 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 one.
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 types such as the authentic will, drafted in the presence of a notary and witnesses, and the mystic will, sealed and handed over to a notary.
What are the Advantages & Disadvantages of Different Will Types
| 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 challenged if poorly drafted – Lacks legal formalism |
| Authentic Will | – High legal security
– Professional advice from a notary – Less likely to be contested |
– Higher costs
– Less confidentiality as the contents are known to the notary and witnesses |
| Mystic Will | – Allows a certain level of confidentiality (sealed)
– Drafted in the presence of witnesses for more formalism |
– Similar costs to the authentic will
– Need to open officially 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, no witnesses or notary. | Free, except legal advice (variable) |
| Deposit with a notary | Storage 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, handed sealed to a notary in the presence of witnesses. | About €113.19 |
| Legal consultation | Advice from a notary or lawyer for will drafting. | Variable, often based on hourly rates |
| Amendment of a will | Updating or changing 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 Register of Last Wishes. | About €26.92 excluding tax |
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