Holographic Will

The testator writes this will himself, in his handwriting. It cannot be typed or computer-generated. The will must have the date and the testator signature, as in his identification document. It is essential that the testator's handwriting is legible to be valid.

The holographic will must follow certain formalities to avoid invalidity or nullity, such as:

1) The testator's general characteristics (name, ID number, signature as on the ID),

2) The absence of erasures,

3) Legible handwriting,

4) Place and date of granting,

5) Legibly name

6) Signature of the testator, and

7) The list of assets and the corresponding heirs or legatees.

No other formality or stamp or cost is required, and it has the same validity as any other will. Even a holographic will would be above a previous one, no matter how formal it was made and presented before a notary. If the testator so wishes, he may take the holographic will to a notary to authenticate his signature, but this is not a requirement for its validity.

In matters of wills, the date of execution is of the utmost importance, since the last will is the one that will be considered valid, so writing the date is of vital importance.

The holographic will must be notarized and presented for this purpose to the Circuit Judge of the last domicile of the testator, or to that of the place where the testator died, within five years counting from the day of death, without this requirement, the holographic will, will not be valid.

If the will is in custody in any person's hands, that person must present it to the competent judge after knowing of the testator's death. Without verifying this within ten days, the custodian will be responsible for the damages caused by the delay. Also, anyone interested in the will as an heir, legatee, or executor may present it.

Once the holographic will has been presented to the judge and the testator's death has been accredited, it will be opened (if it is in a closed sheet). The judge will sign all the sheets and order it to be notarized in the corresponding notary's office, where the interested parties will be given the copies they request.

Anyone who has an interest in the will may sue for a declaration of the will's falsity. In this case, the will shall not be executed while the falsity is pending.

Source: Panama Civil Code Art. 710, 720, 721, 722, 723, 724, 726.