In order for the legatees to acquire the bequeathed property, every holographic will must be proclaimed by a notary. The person to whom the will has been handed for safekeeping is obliged to request its proclamation as soon as they learn of the testator's death.

There is no set deadline within which the will must be proclaimed. Wills are usually kept with a notary, and the heirs know where it has been deposited for safekeeping. If there is no information as to which notary holds the will, the heirs may make an enquiry with the Registry Agency or with the register of wills at the Notary Chamber. This is advisable in order to avoid the risk of the will being concealed or destroyed by a dissatisfied heir.

It is also possible for the will to be kept by the legatee themselves or by another trusted person, in order to prevent abuse.

Documents required for the proclamation

The following documents must be submitted for the proclamation of the will before a notary:

  • An application for the proclamation of the will;
  • The holographic will;
  • The testator's death certificate;
  • A certificate of heirs;
  • A certificate of the tax assessment of the bequeathed properties;
  • Cadastral sketches and/or plans of the properties specified in the will;
  • The testator's title documents – notarial deeds, court decisions on partition, and others;
  • A certificate of the insurance value of the motor vehicle, if a vehicle has been bequeathed;
  • A declaration of the properties and movable assets owned by the testator at the time of death.

Where some of these documents are missing, the legatee may request the notary to issue a certificate enabling them to obtain the necessary documents. This is common in the case of persons who are not heirs at law but who benefit from the will.

If the will is universal and no specific properties are indicated, the existence of such properties is certified by a declaration bearing the legatee's notarised signature.

Proclamation of the will

The proclamation may be carried out by any notary. In doing so, a Record of the Proclamation of a Holographic Will is drawn up, setting out details such as the person presenting the will, the type of paper, the number of pages, the presence of a date and signature, and whether there are any crossings-out or additions. The will is read out by the notary, after which the applicant and the notary sign each page. The record is likewise signed by the notary and the applicant. Following the proclamation, the notary issues a certified copy.

Safekeeping and registration

The original of the will remains in the notary's safekeeping. Wills involving a right of ownership or other rights in rem over real estate must be registered with the Registration Service for the location of the property.

If you need legal advice or assistance in drawing up, proclaiming or contesting a will, contact us on telephone 0887550706 or by e-mail: [email protected]