How to write a will: forms, conditions and common mistakes

A will is one of the most powerful legal documents an individual has — with it you decide who will receive your estate. That is precisely why the law sets strict conditions of form for its validity. An error in form or content can lead to the challenge or invalidity of the will, which often triggers the very disputes the will was meant to prevent.

Below we explain the forms of will under the Inheritance Act (ZD), the conditions for validity, and the most common mistakes.

The forms of will

Slovenian law recognises several forms. The most common is the holographic will, which the testator must write entirely by hand and sign (a typed and merely signed document is not enough). Also common are the written will before witnesses (signed by hand in the presence of two witnesses) and the will made before a notary or a court.

In exceptional circumstances, the law also recognises special forms (for example, an oral will), but these are valid only under strict conditions and for a limited time.

The conditions for validity

For validity, the testator must have testamentary capacity (generally at least 15 years old and of sound judgement) and the will must be made freely and seriously, without coercion, threat or mistake. The formal requirements for the chosen type of will must also be observed.

It is precisely unmet formal requirements that are a common ground for challenge, so form is not a formality but a condition of validity.

Common mistakes

The most common mistakes are: a typed “holographic” will (which is not one), a missing or contested signature, unclear or contradictory provisions that allow more than one interpretation, and overlooking the compulsory share, on account of which the will has no effect in part. Also common is a will that does not cover the whole estate and leaves part to statutory succession.

Each of these mistakes can lead to a lengthy inheritance dispute.

The role of the compulsory share and safekeeping

Even a valid will cannot bypass the compulsory share of the closest relatives. It is sensible to design the will so that it anticipates the compulsory shares. It is also advisable to arrange for the safekeeping of the will (for example, with a notary, and entry in the register of wills), so that it is reliably found after death.

An example: a holographic will, step by step

The simplest valid form is the holographic will. 1) You write the entire text by hand (not typed). 2) You state clearly who is to receive what, and avoid contradictory provisions. 3) You date and sign it by hand. 4) You arrange for safekeeping — preferably with a notary, with entry in the register of wills, so that it is reliably found after death.

Even a fully valid will cannot bypass the compulsory share of the closest relatives, so it is sensible to anticipate it. With a larger or more varied estate (a company, real estate), it is often better to choose the notarial form rather than a holographic one, as it gives additional security as to form and safekeeping.

Drawing up a will is part of inheritance planning, often connected with business succession.

Revoking and amending a will

You can revoke or amend a will at any time until death — by a new will, an express revocation or (for a holographic one) by destroying the document. As a rule, the last valid will applies, so it is important that an old one does not create ambiguity.

With a larger estate, we recommend reviewing the will regularly on major life changes (marriage, children, acquiring a company or real estate). To avoid disputes over authenticity and findability, safekeeping with a notary and entry in the register of wills is sensible — all as part of inheritance planning.

Other forms: the notarial, court and international will

Besides the holographic will and the written will before witnesses, the law also recognises the notarial and the court will, drawn up or confirmed by an official, which give greater security as to form, the testator's capacity and safekeeping.

For cases with a foreign element, there is also the international will, under special rules. With a larger or cross-border estate, the choice of form matters. We advise on it according to your situation, as part of inheritance planning.

What to prepare for the initial consultation

It helps to have: an overview of the estate (real estate, interests, accounts), a family picture (descendants, spouse, other close relatives) and your wishes regarding distribution and any specific legacies.

On this basis we propose the form and content of a will that takes the compulsory share into account and avoids later disputes, as part of inheritance planning.