Authenticity of a handwritten will

Proving that a handwritten will is genuine

Civil law recognises two forms of will. In a handwritten will, the testator personally sets out in writing how their property is to be disposed of on death. A notarial will is drawn up by a notary, usually at the testator’s dictation, although the Supreme Court of Cassation has held that the legislation does not require dictation.

When a handwritten will is challenged, how can a court establish who actually wrote it? In judicial practice, the court commissions a forensic handwriting examination. The expert is asked whether the handwriting is that of the person who signed at the foot of the will as its author. So-called naturally occurring comparison samples are also used: documents written by the person whose handwriting is being examined before the proceedings began and independently of the dispute. Letters, notes and diaries are typical examples, as they are presumed to have been written without a deliberate effort to disguise the handwriting or imitate someone else’s. The opposing party may cast doubt on the material used by the expert, but that alone does not prevent the court from admitting the opinion in evidence. Such a challenge must be supported by counter-evidence, for example by using comparison material reliably established to have been written by the testator.

Whether proceedings are already under way or are in prospect, consult a civil lawyer who can protect your rights and legitimate interests in light of the particular legal situation and dispute.

This article is not a legal opinion or advice concerning a particular situation or person. The author makes no claim to cover the subject of wills exhaustively. For legal assistance in a similar case, consult a lawyer specialising in civil law.