The Service: Notarial Certification and Safekeeping of a Will
A will is a document whose correctness depends on the testator's lifetime — and whose outcome is either years of calm or years of dispute for those close to you. That is why the Civil Code regulates the form of a will and its notarial execution in detail. Within this service the Legal.ge team walks the whole path with you: we assess which form fits your situation — notarial certification, recording by the notary, or deposit in a sealed envelope; we prepare a text that conveys your will precisely and without ambiguity; and we plan the witnesses and the visit to the notary.
Our experience shows that most will disputes begin precisely with form and wording: a wrongly chosen form can invalidate the will, and vague phrasing makes it contestable. That is why the first step is always the choice of form — and only then the text.
The Form of a Will: Writing Mandatory, Notarial Framework (Article 1357)
Article 1357 of the Civil Code establishes two clear rules. First: a will must be made in written form — an oral will does not exist in law. Second: a written will is admissible with notarial form or without it — notarial certification is not always required, but it significantly strengthens the document's public evidentiary force.
Notarial form requires that the will be drawn up and signed by the testator and certified by the notary. These three elements — drafting by the testator, the testator's signature, and the notary's certification — together constitute the form; omitting any of them breaches the notarial form.
Recording the Will by the Notary: Two Witnesses (Article 1358)
Article 1358 governs the procedure where the notary writes the will: it is admissible that the will be recorded by the notary from the testator's words in the presence of two witnesses. When recording the will, generally accepted technical means may be used — a practical detail that eases the procedure.
Furthermore, a will recorded by the notary from the testator's words must be read by the testator and signed in the presence of the notary and a witness. The testator cannot be a passive participant: they personally read and personally sign the document — the personal character of a will is secured by the law in this way.
Deposit of a Holographic Will and the Closed Will (Articles 1365 and 1367)
The law also protects the testator who wants the contents kept secret. Under Article 1365, the testator may hand over his own handwritten and signed will in a sealed envelope to a notary (or another corresponding official) in the presence of three witnesses, which is confirmed by signatures on the envelope. The safekeeping of such a will must be ensured by its official deposit with the notary (or other corresponding official).
Article 1367 establishes the institution of the closed will: at the testator's wish, the witnesses must certify the will without becoming acquainted with its content. In that case the witnesses must attend the drawing up of the will, and when certifying a closed will they must indicate that the will was drawn up personally by the testator in their presence, but that they are not acquainted with its content. The balance is preserved: public control of form — with secrecy of content.
Fees and What Lies Beyond These Articles
Under the relevant positions of the fee schedule, notarial actions connected with wills carry fees of GEL 9 and 5; the specific position depends on whether certification or deposit is involved — we determine that before the visit. As for the opening of the will: its procedure is not regulated by these articles — the opening process is defined by other provisions. We guide you through that stage as well: we provide representation in the estate-opening process in accordance with the rules governing it, and tell you in advance which steps and deadlines it requires.
Frequently Asked Questions
The questions we hear most often about notarial wills:
Is a will possible without notarial form?
Yes — a written will is admissible with notarial form or without it. The written form, however, remains mandatory: a will must be made in writing. Notarial certification adds public credibility and reduces the risk of dispute.
What does notarial form require?
Three elements: the will must be drawn up by the testator, signed by the testator, and certified by the notary. Where the notary records it, the will is written from the testator's words in the presence of two witnesses; the testator personally reads it and signs it in the presence of the notary and a witness.
Can I hide the contents from the witnesses?
Yes — in two ways: by handing a handwritten will to the notary in a sealed envelope in the presence of three witnesses, confirmed by signatures on the envelope; or through a closed will, where the witnesses attend the drafting and certify it but do not become acquainted with the content, indicating precisely that in the will.
How much does it cost?
Under the relevant positions of the fee schedule, actions connected with wills carry fees of GEL 9 and 5. The specific amount depends on the type of action — we establish it precisely before the visit.
How We Help on Legal.ge
Contact us on Legal.ge: we will assess your estate plan and choose the form of the will — notarial certification, recording by the notary, or deposit in a sealed envelope; prepare a text that reflects your will exactly; plan the witnesses and the visit to the notary; and in the case of deposit, accompany you through the handover of the envelope. A will is written once — do it right the first time.