Public, holographic or secret will: differences, requirements, costs and which to choose (Arts. 601-608 of the Civil Code)

Inheritance and gifts · Practical guide

Public, holographic or secret will: differences, requirements, costs and which to choose (Arts. 601-608 of the Civil Code)

Italian law allows three ordinary forms of will: holographic, public and secret (Art. 601 of the Civil Code, c.c.). The holographic will is handwritten by the testator and costs nothing. The public will is received by the notary before two witnesses and is the hardest to challenge. The secret will is a middle way, little used: the testator prepares it and delivers it sealed to the notary.

In 30 seconds

Legal and case-law references

Do you have a similar case? You can submit your documents to the Firm for an assessment.

QWhat requirements must each form have?

AHolographic (Art. 602 c.c.): written entirely by hand, dated and signed by the testator. The date includes day, month and year. Public (Art. 603 c.c.): the testator declares his wishes to the notary in the presence of two witnesses; the notary puts them in writing, reads them aloud and has them signed. Secret (Arts. 604-605 c.c.): it may also be written by a third party or on a computer, but it must be signed by the testator, sealed and delivered to the notary before two witnesses.

QHow much does it cost to make a will?

ASince 2012 notarial fees are no longer mandatory, so costs vary from notary to notary. A survey by Altroconsumo indicates these orders of magnitude: holographic kept at home: no notarial cost; deposited with the notary: about 100-300 euro; secret: about 500-1,500 euro; public: about 1,000-2,000 euro, more if the content is complex.

QWhich form is safest against challenges?

AThe public will offers more guarantees. The notary identifies the testator, collects his wishes with witnesses and keeps the original. The holographic will, instead, can be: lost, destroyed or hidden; challenged as a forgery: whoever denies its authenticity must, however, prove it with an action for a declaration (Cass. Joint Chambers no. 12307/2015); annulled for defects of form, for example if the complete date is missing (Art. 606 c.c.).

QCan the will be changed or withdrawn?

AYes, always. Every will is revoked by a later will or by a notarial deed (Art. 680 c.c.). The deposited secret and holographic wills can be withdrawn from the notary (Art. 608 c.c.). A secret will that does not meet the requirements of its type is valid as a holographic will, if it meets the requirements for that (Art. 607 c.c.).

In summary

Do you have a similar issue?

Each situation must be assessed on the documents of the specific case. You can contact the Firm from anywhere in Italy, even without coming to the office: the consultation takes place remotely, with documents sent online, by phone, on WhatsApp or by video call from your computer. Offices in Naples, Rome and Bari.

Official sources

• Italian Revenue Agency – Inheritance tax return
• Italian Revenue Agency – Successions: legislation and practice
• Normattiva – the portal of the law in force
• Supreme Court of Cassation
• Official Gazette

Main page on the subject: Inheritance and gifts in Naples: all the guides and how to contact the firm →

The possible routes

• Holographic will, handwritten, dated and signed, possibly deposited with the notary.
• Public will, received by the notary before two witnesses.
• Secret will, prepared by you and delivered sealed to the notary.

Which usually works best and why

It depends on the case. With a simple estate and serene family relationships, a well-written holographic will deposited with the notary is often enough. If you fear disputes among the heirs or doubts about your capacity, the public will reduces the risk of challenges. If you find it hard to write by hand, the public or the secret will is fine.

What to do right away

• Assess the estate, the relationships among the heirs and your state of health.
• Ask the notary for a written quote before deciding.
• If you choose the holographic will, make sure to write it entirely by hand, with day, month and year and with the signature.

Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.

• Do not save the will only as a file: a will written on a computer and kept only in digital format is not valid.
• Tell whoever will have to find it where the original is kept, or deposit it with the notary: a holographic will at home can be lost or hidden.
• Remember that you can change your mind: every will is revoked by a later one or by a notarial deed.

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.