How do I write a handwritten will? Write the whole text in your own hand and sign it. A date is not a condition of validity but is advisable.
Local searches show what people want to know about wills: "testament kod notara" (will at a notary) is followed by "cena" (price), "overa kod notara" (notarial certification) and "overen kod notara" (certified by a notary), people search "koliko kosta testament kod notara" (how much a will at a notary costs), and "kako napisati testament" (how to write a will) is followed by "primer" (example) and "svojeručni" (handwritten). Some of these searches come from the region, where other laws apply. In Montenegro wills are governed by the Law on Inheritance and, for foreigners, also by the Law on Private International Law.
This article explains who can make a will, which forms are valid, what a will at a notary costs, what the forced share is, how a will is revoked and registered and which law applies when a foreigner leaves property in Montenegro.
Who can make a will
Anyone capable of reasoning who has reached 15 years of age can make a will. Later loss of capacity does not affect a will already made. A will is void if the testator was forced by threat or coercion, deceived or mistaken; if this concerns only some provisions, only those are void.
Annulment for incapacity or defects of will can be sought by a person with a legal interest within one year of learning of the cause, and at the latest 10 years after the will is read out; against a person acting in bad faith the period is 20 years. Annulment for a defect of form is sought within one year of learning of the will, and at the latest 10 years after it is read out.
Forms of will
| Form | How it is made | What to watch |
| Handwritten | The testator writes it by hand and signs it | A date is not required but is advisable |
| Written before witnesses | The testator signs by hand a document drafted by someone else before two witnesses and declares it is their will | The witnesses sign at the same time; close relatives and spouses cannot be witnesses |
| At a court or notary | A basic court judge or a notary draws it up from the testator's statement | The judge or notary checks identity, capacity and free will |
| International | In writing, in any language, before two witnesses and an authorised person | Valid as to form regardless of place, nationality or where the assets are; the authorised person issues a certificate |
| At a consulate | A Montenegrin citizen abroad, under the rules for a court will | Only for Montenegrin citizens |
| Oral | Before two witnesses, only in exceptional circumstances when a written will is impossible | Ceases to be valid 30 days after the exceptional circumstances end |
Certification of a signature is not a separate form of will under the law. If a will is not written in the testator's hand, the law requires a signature before two witnesses or the court or notarial form. Provisions leaving something to the judge, notary, witnesses or their close relatives are void.
What a will at a notary costs
Under the Notarial Chamber's tariff of April 2026, the fee for a notarial record of a will, under the rules for a court will, is €180, and VAT is charged on the fee. Safekeeping and handover of a will drawn up by the notary are included in that price. Taking into safekeeping a will the notary did not draw up, for example a handwritten one, costs €50. The tariff is published by the Notarial Chamber.
The forced share: what cannot be bypassed
A will cannot dispose of the whole estate if there are forced heirs: descendants, the spouse, adopted children and their descendants, parents and adoptive parents. Grandparents and siblings are forced heirs only if they are permanently unable to work and lack the means to live. Forced heirs are such only when they are called to inherit under the statutory order.
| Forced heir | Forced share |
| Descendants, adopted children and their descendants, spouse | Half of what they would receive by law |
| Other forced heirs | One third of what they would receive by law |
The rest, the disposable share, the testator can leave freely. If a will or gifts infringe the forced share, the forced heir can seek reduction of the testamentary dispositions within three years of the will being read out. A testator can disinherit a forced heir only on statutory grounds, for example for a serious breach of a legal or moral duty towards the deceased, and must state it unambiguously in the will.
If you want to transfer property during your lifetime, other routes are a gift contract and a lifelong maintenance contract; both have their own rules and costs.
Revocation and the Register of Wills
- Revocation. A will can always be revoked, in whole or in part, by a statement in any form in which a will can be made. A written will can also be revoked by destroying it.
- Several wills. If a later will does not expressly revoke an earlier one, the earlier provisions remain in force insofar as they do not contradict the later will.
- Selling the bequeathed item. If the testator disposes during their lifetime of an item they bequeathed, for example sells the flat, that bequest is revoked.
- Register of Wills. Facts about the making, safekeeping and reading of wills are recorded in the Register of Wills kept by the Notarial Chamber. Before the testator's death only they or a person they specifically authorise can see the data. A will not entered in the Register is still valid.
What happens after death, from the reading of the will to the inheritance decision, is explained in our article on probate.
Foreigners with property in Montenegro
| Question | Rule of the Law on Private International Law |
| Which law governs succession | The law of the state where the deceased had their habitual residence at the time of death |
| Can a law be chosen | Yes: the law of the state of nationality or of habitual residence; for immovable property also the law of the state where it is located |
| How it is chosen | Expressly or so that it clearly follows from the circumstances, in the form of a will |
| When the form of a will is valid | If valid under one of several laws: place of making, nationality, domicile, habitual residence, Montenegrin law, and for immovable property also the law of the place where it is located |
So a will made abroad in the local form can also be valid for a flat in Montenegro. You can post or find property in our real estate category.
Frequently asked questions
How much does a will at a notary cost in Montenegro? Under the April 2026 tariff the fee is €180 plus VAT. Safekeeping of such a will is included in the price.
Is certifying a signature at a notary enough? Certification of a signature is not a separate form of will. A will not written in the testator's hand must be signed before two witnesses or made at a court or notary.
Can I leave a flat to only one child? You can, but the other forced heirs keep their right to the forced share: descendants and the spouse half, others one third of what they would receive by law.
How is a will revoked? By a statement in any form in which a will can be made, and a written will also by destroying it.
Is a will made abroad valid for property in Montenegro? As to form, it is valid if it is valid under one of the laws the statute lists, including the law of the place where it was made and of the testator's nationality.
Sources
Capacity, forms, the forced share, disinheritance, revocation and the Register of Wills are governed by the Law on Inheritance (Official Gazette of Montenegro 74/2008 and Constitutional Court decision 75/2017, articles 27, 28, 42 to 44, 61 to 71, 74 to 88 and 117 to 120), and the court procedure by the Law on Non-Contentious Proceedings (Official Gazette of the Republic of Montenegro 27/2006 and Official Gazette of Montenegro 20/2015, 67/2019 and 123/2024, articles 190 to 205). The applicable law for foreigners is governed by the Law on Private International Law (Official Gazette of Montenegro 1/2014, articles 71 to 74), and notary fees by the Tariff on fees and expenses of notaries (Official Gazette of Montenegro 49/2026, tariff numbers 1 and 17). Fijaka is a listings platform and does not give legal advice; for a specific will, contact a notary or lawyer.