{"id":24310,"date":"2019-02-25T07:58:24","date_gmt":"2019-02-25T06:58:24","guid":{"rendered":"http:\/\/www.deinadieu.ch\/ratgeber\/the-holographic-will\/"},"modified":"2024-03-25T15:27:29","modified_gmt":"2024-03-25T14:27:29","slug":"the-holographic-will","status":"publish","type":"ratgeber","link":"https:\/\/www.deinadieu.ch\/en\/advisor\/the-holographic-will\/","title":{"rendered":"Holographic will"},"content":{"rendered":"\n

A holographic will is easy and cheap to draw up. One reason why it is so popular in Switzerland is because it is easy to update. It can be stored either at home or with a cantonal authority.<\/p>\n\n\n\n

When is a holographic will valid?<\/strong><\/h2>\n\n

The holographic will is one of three forms set out in the Swiss Civil Code to unilaterally dispose of one\u2019s estate, in addition to the will by public deed and the oral will. Since the oral will is only for exceptional circumstances and a will by public deed involves high costs for notarial services (see also: How do notary offices work in Switzerland?<\/a>), the majority of Swiss people resort to a pen and paper to draw up their will. Since a will has extensive consequences for succession, the law of succession requires a kind of qualified written form in order for the will to be valid.<\/p>\n\n

The holographic will not only has to be signed personally by the testator but also written by hand from beginning to end.<\/strong> This is intended to prove that the testator has indeed written his or her will in its entirety in accordance with his or her well-considered wishes and did not simply approve a proposal made to him or her. This is also a better way of preventing forgeries. In addition, the Civil Code requires the indication of the date (year, month and day) on which the will was drawn up.<\/p>\n\n

Changes to the holographic will<\/strong><\/h2>\n\n

Subsequent changes to a holographic will often create confusion. The different forms of will mentioned above enjoy equal status, meaning no form takes blanket precedence over another.<\/p>\n\n

In principle, the most recent will takes precedence<\/strong> \u2013 which is why the date is an essential validity requirement. However, this principle can be set aside, e.g. if the testator verifiably had no testamentary capacity when he or she drafted the latest version. If the formal validity of a will fails exclusively on the date, it can nevertheless become legally binding, provided that the date of creation forms a validity requirement and it can be determined in another way.<\/p>\n\n

It is also conceivable for a testator to add notes or comments to an existing will.<\/strong> The same qualified written form<\/strong> has to be respected and it is recommended that changes to the will are also signed and dated, for example by adding a comment at the end of the document stating \u201cmodified on DDMMYYYY\u201d.<\/p>\n\n

If you want to set aside a will, there are 3 options: <\/strong><\/p>\n\n