This is an instrument that has largely fallen into disuse today. It shares with the public will the
requirement for a notarial public deed and the presence of witnesses, although with different
roles. Unlike the holographic will, it does not have to be handwritten by the testator.

Advantages and disadvantages of a secret will

A secret will guarantees the absolute secrecy of its contents. Unlike a public will, which is
read by the notary in front of all witnesses, with this type of will neither the notary nor the
witnesses know the contents. This is because the will is delivered directly to the notary, sealed
and enclosed.

Furthermore, unlike the holographic will, a secret will does not have to be handwritten by the
testator, nor does it require a signature. If you are unable to sign, you only need to declare this
upon delivery to the notary. Additionally, the date on the document is irrelevant, as the date of its
delivery to the notary is considered the legally valid date.

It is, however, hard to determine if all this secrecy is actually useful to the beneficiaries, who
could even be unaware of the existence of such a will, and of the fact that they need to contact
the notary who holds it. Similarly, the notary itself may be unaware of the testator’s passing, and
even if they were, they would not know who to notify since they are not privy to the contents of
the will.

Therefore, although a secret will costs around €250, compared to a public will’s €750, the latter
is often the more practical choice. This is because secret wills can lead to additional legal issues
or contain flaws in their provisions, while public wills ensure full compliance with legal standards
and help avoid future complications for the beneficiaries.