LA FIRMA HABITUAL Y USUAL EN LOS TESTAMENTOS OLÓGRAFOS: CUESTIONES SOBRE LA FIRMA HABITUAL O DE «MANO PROPIA» COMO REQUISITO DE VALIDEZ.

Abstract

A holographic will is a will written entirely by the testator. In short, it is one of the simplest forms of recording testamentary dispositions, because no true formalities need be involved in its execution. Even so, this apparent simplicity is not synonymous with absolute freedom. The document must respect certain legal prescriptions, in whose absence the will will have no legal effect. Article 688 of the Spanish Civil Code calls for the following points to be present: The will must be fully hand-written by the testator and bear the testator's signature and statement of the year, month and day. This paper will review the special features surrounding the signature requirement. According to accepted legal thought and case law, the testator's declaration of his or her last will can be concluded and the authorship of the act can be recorded only through the testator's customary signature.