Whether it concerns a holographic will (written by the testator, alone) or a public will, it is strongly recommended to see to it that it be registered in the Central Register of Wills (CRT), because, in case of death, the consultation of that register will allow heirs to know, whether or not, there is a will and which notary keeps custody of it. This custody is handled through the notary. The copy of a will can be kept in Izimi, but that is not legally sufficient, and therefore would never be accepted as the original; the filing of the will with a notary remains indispensable. This being said, retrieving a copy of a holographic will could indicate that the deceased had, in fact, drawn up a holographic will. Consequently, the copy of the will has legal value, but the dispositions of property upon death of the deceased would have, in such case, lesser evidentiary value and could more easily be contested.
Where to leave your last will ?
The living will
There are different ways to prepare for one’s end of life and to anticipate a situation in which one may become essentially incapable of making one’s own wishes known or to grant consent.
The first is to draft a document to express his wishes and last will: « the living will ». This type of will is not to be confused with the traditional will, because it is applicable BEFORE death and concerns the final phase of a person’s life. The living will is not regulated by law.
There are also the déclarations de volonté anticipées [advance decisions] (AD relating to euthanasia, AD as to a funeral, AD of organ donations, .. ) which have force of law and can be registered.
There also exist other mandates or directives, as well as a brochure « Et après moi …Instructions à mes proches » [And after me …. Instructions to my next-of-kin ».
Think of regrouping those documents in your Izimi-safe. Whether is to update them, during your lifetime, or to facilitate the life of your heirs.
