Definition of Holographic Will
A holographic will is a handwritten, testator-signed document that can replace a lawyer-produced will. Not all states allow holographic wills. Valid holographic wills must fulfill specific standards in states that allow them. To execute a will, most states need proof of the testator’s writing, mental ability, and the intention to distribute personal property to beneficiaries.
Workings of Holographic Will
Holographic will not need witnesses or notarization, which might cause probate court validity concerns. Most jurisdictions need the maker’s signature on holograms to prevent fraud. The courts must decide if the testator signed the will.
Experts in the decedent’s handwriting must convince the court that the signature was theirs. Unreadable handwriting causes issues.
A holographic will requires the testator to specify beneficiaries and property or asset receipts, including stocks, bonds, and fund accounts, just like any other will. The testator may also specify requirements for receivers to obtain named assets.
States have different rules for holographic wills.
Lawyers suggest explaining why certain assets, such as securities, were bequeathed to beneficiaries to demonstrate the testator’s mental capacity. Being of sound mind is essential for holographic validity.
Holographic wills disputed in probate court may not contain the testator’s ultimate desires. The deceased may have prepared a draft holographic will or neglected to update it. Courts may ask these questions.
Today, software, books, and websites explain how to write and print a legal will and avoid probate court issues. A printed one will need two witnesses.
Where do I accept holographic wills?
Remember that state probate law governs all wills within its borders. Some nations allow holographic wills partially. Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.
Foreign will provisions allow holographic wills to be produced in states that do not recognize them. At least one jurisdiction must recognize holographic wills as lawful under a foreign wills clause. Alabama, Connecticut, Delaware, Iowa, Minnesota, New Mexico, Rhode Island, South Carolina, and Washington have foreign wills.
New York and Maryland only recognize military holographic wills. These wills only last one year in Maryland after the testator leaves the military, unless they are legally insane. In New York, a will is valid for one year after the testator leaves the military or regains testamentary competence.
Conclusion
- The will can replace lawyer-made wills.
- Without witnesses or notarization, holographic will does not exist.
- This can cause probate issues.
