RECONSTRUCTION OF HOLOGRAPHIC WILLS TO ENSURE THE LEGITIMATE INTENT OF THE TESTATOR

Abstract

The principal challenge addressed in this study is the discordance between the formal procedural requirements governing holographic wills and the exigent circumstances that demand swift administration of succession. The objective of the research is to analyze the legislative reformation of holographic wills so as to uphold the testamentary intent of a rightful heir. Employing a normative methodology, the study scrutinizes the pertinent statutory provisions and adopts a jurisprudential framework to assess the underlying principles of justice in the reconstruction of testamentary law. Findings reveal that Articles 932 and 952 of the Civil Code, which regulate holographic wills, must be adapted to accommodate evolving social conditions. Rigid formalities, such as the compulsory custodianship of the will by a notary, are incongruent with the practical realities that require expediency and flexibility in will processing, particularly in emergencies like severe illness or imminent death. Consequently, reforming these provisions is essential to enable the execution of the heir’s testamentary wishes in a manner consistent with the doctrine of substantive justice. The study therefore recommends amending the provisions relating to holographic wills to introduce procedural flexibility while preserving the core tenets of justice. In conclusion, the reform of holographic will legislation constitutes a substantive contribution toward a succession system that is more responsive to societal needs and provides a foundation for the development of a modernized inheritance regime.