CONSIDERATIONS ON THE HOLOGRAPHIC TESTAMENT IN COURT PRACTICE

• Main Author: Speranţa Daniela Maria GEORGESCU BONA
• Format: Article
• Language: English
• Published: Technopress 2017-12-01
• Series: Journal of Public Administration, Finance and Law
• Subjects: deceased holografic testament; farewell letter;
• Online Access: http://www.jopafl.com/uploads/issue12/CONSIDERATIONS_ON_THE_HOLOGRAPHIC_TESTAMENT_IN_COURT_PRACTICE.pdf

Although it represents the testator’s exclusive and personal creation, the holographic testament is a solemn cat which, under the sanction of absolute nullity, must cumulatively fulfill the condition of being written in its entirety, dated and signed by him/her, being his/her free and conscious expression. We will not make a theoretical analysis of the three conditions that holographic testament must fulfill cumulatively ad validitatem, since we can find this analysis in all the succession law books, so we will make a couple of theoretical commentaries regarding the case we are presenting. In the action brought before the court, the appelant applied for the partial absolute nullity of the certificate of inheritance issued by the notary public, for fraud. She also claimed the opening of the succession debate after the deceased A.L, who had died on May, 13th, 2014, as well as the composition of the succession mass. She also claimed to be declared sole heir at law after A.L.’death., legatee with particular title, on the basis of the holographic testament drawn up by him (in the "Letter of Farewell" he had left) and to have the title of the property acquired as a testamentary inheritance included in the land book. The defendant requested the action to be dismissed and argued that this was a simple letter of convenience, not a holographic testament, and even if there was a testament, the person who had signed it had not been identified, an aspect which may bring into doubt the person signing the document. She also requested a graphological expertise and an expertise regarding the deceased’s discernment at the date when the letter was written, considering the circumstances of A.L.’s death. On the basis of the scientific evidence in conjunction with the other evidence, the court upheld the applicant's action by finding that the certificate of inheritance was partially hit by absolute nullity.