The holograph will is a deed fully written, dated and signed by the testator.
Article 1007 of the French Civil Code, in is current version since 1st January 2020, establishes that the holograph will, before being put into effect, must be deposited with a notary.
While alive, the testator can thus, either entrust the holograph will, in a private deed, directly to a notary, or keep it, entrust it to a trusted person, even place it in a safe box at a banking institution.
If the testator decides to entrust the care of the will to a notary, the latter does not take part in any case in the deed's drafting. However, it may be advisable to engage the advise of a notary and/or a lawyer. The First Civil Chamber of the Court of Cassation already had the opportunity to clarify that "the Notary must not judge the validity of the deed but must simply ensure its safekeeping".
Unless there is an objection on the part of the testator, the initial deposit with the notary leads to a registration with the central file of last wills and testaments.
After the death, the holograph will must in any case be deposited with the notary before being able to execute it. Aforementioned Article 1007 establishes that the notary will immediately draw up a report for the opening and state of the will, by specifying the deposit circumstances. The will as well as the report will be kept with the notary's records.
Within a month after the date of the deed, the notary will address an authorised copy of the deed and a full reproduction of the will to the court's clerk of the place of opening of the inheritance, who will acknowledge receipt of the documents and will keep them in their records
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