Court Decision: Validity of a Holographic Will Lacking a Handwritten Date

On November 22, 2023, the First Civil Chamber of the Court of Cassation confirmed the validity of a holographic will lacking a handwritten date, given that intrinsic elements supported by extrinsic evidence allowed the approximate period of its drafting to be deduced.

This case reflects a flexible interpretation of Article 970 of the Civil Code, whereby the lack of a date does not necessarily render a will invalid, as long as the rights of the parties are respected and the testator was not incapacitated at the time.

Judgment of 22 November 2023, Case No. 21-17.524