July 07, 2024

How to prepare a valid will: tips and guidelines

Introduction

Preparing a valid will is a crucial step in ensuring that your assets and wishes are respected after your death. In Croatia, the Succession Act prescribes different forms of wills and specific formal requirements for their validity. In this article, we will consider the types of wills under Croatian law and the formal prerequisites for the validity of each of them.

Types of wills and formal presumptions of validity

1. Private wills

Handwritten will

A handwritten will is the simplest form of a will where the testator writes the entire text of the will by hand and signs it. For the validity of a handwritten will, it is not necessary, but it is recommended, that it states the place and date of drafting.

Requirements:

  • The testator must write the entire text of the will by hand.
  • The testator must sign the will by hand.

Written will in front of witnesses

This form of will is drawn up in writing, regardless of who wrote it, but it must be signed in front of two witnesses present at the same time who will also sign the will. Witnesses do not need to know the contents of the will.

Requirements:

  • The will must be written in writing.
  • The testator declares in front of two witnesses present at the same time that this is his will and signs it in front of them.
  • Witnesses sign the will.

2. Public wills

A public will shall be drawn up before a notary public, a court or a diplomatic or consular representative of the Republic of Croatia abroad. An authorized person draws up a will according to the testator’s statement and then reads it to him, explains the legal consequences and instructs him to sign it in front of him.

Requirements:

  • Drawing up a will according to the testator’s statement by an authorized person.
  • Reading of the will to the testator by an authorized person.
  • Signing of the will by the testator in front of an authorized person.
  • Signing of the minutes by the testator and the authorized person.

3. Oral wills

An oral will can only be valid in exceptional circumstances where the testator is unable to draw up a written will. An oral will ceases to be valid 30 days after the extraordinary circumstances have ceased.

Requirements:

Declaration of the testator’s last will before two witnesses present at the same time.

Witnesses are obliged to write the contents of the will without delay and hand it over for safekeeping, or to repeat it orally before the court or notary.

Conclusion

Choosing the right type of will and meeting all the formal prerequisites are essential to ensure the validity of the will. It is advisable to consult a legal professional when drafting a will to avoid any potential legal difficulties and ensure that your will is fully respected.

Find out all about  inheritance based on wills and the right to a reserved share here.

If you need a lawyer for a will, please contact us at: info@odvjetnik-bistrovic.hr

Want to make an appointment?