Still strict rules for handwritten wills

Inheritance law states that the testator can formulate a testamentary disposition by public notarisation, handwritten or oral declaration. All three forms are subject to certain regulations which, if disregarded, lead to a declaration of invalidity. Inheritance law is characterised by strict formal requirements, whereby handwritten wills are intended to make the testator’s wishes visible. A handwritten will must be written and signed by the testator from beginning to end, including the date.

In the present case, the testator wrote a handwritten “will” without a signature. The Federal Supreme Court confirmed that the handwritten mention of the name at the beginning does not count as a signature. The Federal Supreme Court insists on the formal requirements and does not recognise the will as valid without a handwritten signature. (Source: BGE 5A_133/2023)