
Introduction
A handwritten will without a witness, also known as a holographic will, is a legal document by which a person expresses his wishes for the distribution of property after death, and it is drawn up by hand without the presence of witnesses. According to Croatian law, such a will must be fully written, dated and signed by the testator’s hand. This form of will is simple and economical, but it has its advantages and disadvantages to consider.
History and application in other legal systems
Holographic wills exist in many legal systems around the world, including civil and customary legal systems. Historically, this form of will allowed people who did not have access to lawyers to express their last wishes. In France, Germany, Switzerland and many U.S. states, holographic wills are a recognized form of will. Their historical application is based on convenience and accessibility, providing testators with an easy way to express their wishes.
Form of a handwritten will
In order for a handwritten will to be valid, it must meet several key elements:
Advantages of a handwritten will
Disadvantages of a handwritten will
Case law
Case law in Croatia and other countries shows that handwritten wills are often the subject of disputes precisely because of the lack of witnesses and ambiguities in the text. However, courts are often prepared to recognise the validity of such wills if the basic conditions are met, and if there is no evidence of coercion, fraud or incompetence on the part of the testator.
Conclusion
A handwritten will without witnesses is a practical and economical way of expressing a last will, but it carries risks that need to be carefully considered. It is advisable, whenever possible, to consult with a will lawyer to avoid unnecessary legal complications.
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