The Voluntary Register of “Testamento olografo” has coming into force since the 6th November, created by the National Council of Notaries, which allows you to collect and search the data of holographic wills deposited in trust with notaries throughout Italy who participate in the service.

 

As is known, the “testamento olografo” (so said holographic will) is defined by article 602 of the Italian Civil Code, such as the one written by the testator, who must place his signature and the date at the end of the provisions, i.e. the indication of the day, month and year.

 

This innovative Register which constitutes a computerized platform available to notaries throughout Italy who intend to join the service and which acts as a centralized digital archive, presents itself as a significant evolution in the management and conservation of holographic wills, offering substantial advantages in terms of accessibility and security of information.

 

In fact, now, citizens who deposit their holographic will in trust with a notary can request the transcription of the data in the Voluntary Register of Holographic Wills, giving the notary the appropriate consent also for privacy purposes.

 

This approach aims to significantly simplify the search for wills and seeks to be a valid safeguard tool for any risks that may arise with the traditional holographic will, such as for example any loss or difficulty in tracing, guaranteeing the heirs the possibility of accessing with certainty to the last wishes of the deceased.

 

The procedure for using the Registry is clear and well structured. Anyone wishing to deposit a holographic will can do so by going to their trusted notary, who will take care of recording the testator's personal details, the date of preparation of the holographic form and the date of the trust deposit. Subsequently, a specific receipt will certify the deposit and registration, giving the settlor the certainty that his last wishes are kept in a safe and easily accessible way.

 

An element of particular interest is the flexibility offered to the testator to modify the holographic will already deposited. With express consent, the custodian notary has the right to update the registration or transfer the will to another notary, in the event that he wishes to change the original notary, for example due to his retirement or for any other reason.

 

In the case of the testator's death, the procedure for searching for a holographic will is equally clear and simplified.

 

Anyone who holds the death certificate can ask any notary in Italy, who participates in the system, to search for the will they are interested in in the electronic register.

 

In the case of finding a holographic will from a specific notary, the latter will automatically receive the communication relating to the search carried out which will inform him of the fact that the testator is deceased and that someone interested in the publication of the will has carried out the search.

 

It is important to underline that access and consultation are reserved for practicing notaries and their authorized collaborators, guaranteeing a high level of security and confidentiality of the information.

 

The implementation of the Voluntary Register of Holograph Wills by the Italian National Council of Notaries redefines the notary function as a service centered on the needs of citizens and represents a valid tool for safeguarding the rights of the deceased and his heirs.

 

author: Dott. Federico Benedetti