In 30 seconds
- The holographic will must be written entirely by hand by the testator, dated and signed (Art. 602 of the Civil Code, c.c.); without handwriting or signature it is void.
- Whoever finds it after death must hand it to a notary for publication (Art. 620 c.c.): the passing of years does not, in itself, make it invalid.
- Whoever doubts that it is really the deceased’s must challenge it in court, generally with a handwriting expert’s report, and bears the burden of proof.
Updated on October 14, 2026.
The holographic will is the simplest and most widespread form of will: it is written by hand, without a notary and without witnesses. For this very reason it is also the one most exposed to errors and challenges.
The requirements for validity
According to Art. 602 c.c., the holographic will must be:
- written entirely in the testator’s own hand: it is not valid as a holographic will if written on a computer or by another person;
- dated, with day, month and year;
- signed at the end of the provisions, with first and last name or in any case in a way that identifies the testator with certainty.
The lack of handwriting or signature makes the will void; other defects of form, such as the lack of the date, make it voidable (Art. 606 c.c.).
Practical tips for those who write it
- Write clearly and indicate assets and beneficiaries precisely.
- Take into account the forced shares, to avoid future actions for reduction.
- Keep it in a safe place or deposit it with a notary, who guarantees its preservation.
- Remember that a later will can revoke, in whole or in part, the earlier one (Arts. 680-682 c.c.).
Next question: Can a holographic will be challenged? Challenging a will.
Have you found, or do you need to write, a holographic will? A formal error can make it void or open a dispute among the heirs. You can send the documents online and have them examined.
Publication
Whoever holds a holographic will must present it to a notary for publication as soon as he learns of the testator’s death (Art. 620 c.c.). The notary draws up minutes in the presence of two witnesses and sends them to the court registry. Only after publication can the will be carried out: it will be needed for the inheritance tax return, for the banks and for the registrations in the land and property registers.
A will found after years
It happens that, emptying a wardrobe or leafing through a book, the family finds a handwritten will after the inheritance has already been divided. The time elapsed does not in itself make the will invalid: what matters are the requirements of form, the authenticity and the possible existence of later wills that revoke it. The usual procedure is: delivery to the notary for publication, checking of the requirements of form, comparison with the succession already carried out, assessment of the forced shares and, if needed, an agreement among the heirs or a court action. Whether the division already made must be revised depends on the content of the will and on the agreements made: it must be assessed on the documents. The practical advice is not to handle the sheet that was found too much and to take it to a notary right away.
If the authenticity is doubted
Whoever believes that the will was not written by the deceased must challenge it in the correct forms. The Joint Chambers of the Court of Cassation (judgment no. 12307/2015) established that the party challenging the authenticity of a holographic will must bring an action for negative declaration of the origin of the handwriting, and that the burden of proof rests on that party. As a rule a handwriting expert’s report on the original and on comparison writings of the deceased is necessary.
The route that usually works best
The possible routes
- If you are writing the will: write it by hand and deposit it with a notary.
- If you have found a holographic will after a death, even after years: present it to a notary for publication.
- If you doubt that it is authentic: challenge it with an action for negative declaration.
Which usually works best and why
It depends on the case. Whoever writes the will reduces the risks by meeting the requirements of form, taking the forced shares into account and entrusting it to a notary. Whoever finds it must have it published as soon as he learns of the testator’s death. Whoever challenges it bears the burden of proof and, as a rule, a handwriting expert’s report is needed.
What to do right away
- Check that the text is written entirely by hand, dated and signed.
- Keep the original in a safe place, without altering it.
- Turn to a notary for deposit or for publication.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
Read also: Handwritten will found in Procida: is it valid?
How Attorney Fiorentino can assist you
- A will written on a computer or by another person is not valid as a holographic will.
- Before dividing an inheritance, look for any wills in books, wardrobes and drawers.
- After publication the will is needed for the inheritance tax return, for the banks and for the registrations.
The Firm also offers remote consultations, with documents sent online, and gives you a written quote before the engagement. I see clients by appointment in Naples, Rome and Bari.
Frequently asked questions
What are the requirements of the holographic will?
Written entirely by hand by the testator, dated and signed (Art. 602 c.c.).
Is a holographic will found after years still valid?
The time elapsed does not in itself make it invalid: what matters are the requirements of form, the authenticity and the possible existence of later wills. It must be taken to a notary right away for publication.
Who must publish it?
Whoever possesses it must present it to a notary as soon as he learns of the testator’s death (Art. 620 c.c.).
How is the signature challenged?
With an action for negative declaration of the origin of the handwriting; the burden of proof lies with the challenger and as a rule a handwriting expert’s report is needed (Cass. S.U. 12307/2015).
Related guides
- Public, holographic or secret will: differences, requirements and costs
- Challenging a will: when it is possible, deadlines and how to do it
- Revocation of a will and later wills: which one prevails?
- Inheritance tax return: deadlines, exemptions and taxes
Inheritance and gifts in Naples: all the guides and how to contact the firm →
Sources: Civil Code, Arts. 602, 606, 620, 680-682; Court of Cassation, Joint Chambers, no. 12307/2015. Author: Attorney Renato Giuseppe Fiorentino, Naples Bar. Informational text, not a substitute for an opinion on your case.
Read also
- Real estate received as a gift: what changes with the 2025 reform
- Succession without a will: how the inheritance is divided among spouse, children, parents and siblings
- Division of the estate: what to do if the heirs disagree or the property cannot be divided
Translated from the Italian original; updated on October 18, 2026. (The Italian page also contains a short video in Italian, not reproduced here.)
(Read also): Legal guides from Studio Legale Fiorentino · Succession without a will: how the inheritance is divided among spouse, children, parents and siblings · Reserved shares: who is entitled by law to part of the inheritance
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