A public will is a form of will where the testator declares their wishes in the presence of a notary,
who transcribes them into a deed, and in the presence of two witnesses.

Advantages of a Public Will

It is the only truly unchallengeable form of will: being drafted in legal language by a notary, it
leaves no interpretative doubts regarding the testator’s wishes or their psychological condition.

Furthermore, there is certainty that the will will not be lost: the notary will send a copy of the will
to the notarial archive in a sealed envelope.

Possible Disadvantages

Once aware of the testator’s death, the notary must notify the heirs of the will’s existence. This
assumes that the professional is informed of such demise before—contrary to the testator’s
wishes—the legal succession takes place.

Secondly, it’s important to remember that the two witnesses might not keep testamentary
provisions secret. Therefore, when choosing these figures, it is advisable to select individuals
not involved in the testator’s life.

The Rights of Legitimate Heirs

When disposing one’s wishes, it is essential to keep in mind the legitimate heirs: it is possible
that, if excluded from the will, these individuals may initiate action to render the testamentary
provisions ineffective, even if contained in a public will.

Why Consult Your Financial Advisor

The advisor is the one who manages the individual’s assets and life projects, and this
relationship often spans decades. Therefore, over time, they will easily have come into contact
with all key information about their client’s family and financial life. For this reason, consulting
with an advisor even before deciding to express one’s last wishes can be constructive to
understand the concrete destination of one’s assets.