Weerwind: 'Draft will not legally valid'

A will must be signed by the testator to be legally valid. Without a signature, a draft will is not legally valid. This is the response of the Minister for Legal Protection, Franc Weerwind, to parliamentary questions from Lisa van Ginneken (D66).

Van Ginneken's questions were prompted by a petition submitted to the House of Representatives proposing that rights can also be derived from a draft will. Weerwind, however, disagrees.

Legal certainty
The Minister emphasizes that the testator's signature is important for legal certainty and protection. "The notary's intervention guarantees the testator's free will when definitively establishing their will." As long as the deed is not signed and only a draft will exists, it cannot be said with certainty that the testator's will corresponds to the draft at the time of their death.

No general rule
According to Weerwind, it is up to the judge to decide in individual cases whether, under exceptional circumstances, the mandatory signing of the will can be waived and the estate settled as described in a draft will. The minister sees no possibility of establishing a general rule for this.