What Is a Holographic Will?

An alternative to a will drafted by an attorney is something called a holographic will, which is a document that is handwritten and signed by the testator. There are some states that do not acknowledge the validity of holographic wills. In order for a holographic will to be valid in a state that does allow them, the document must comply with a number of requirements. Proof that the testator wrote the will, proof that the testator had the mental capacity to write the will, and that the will must contain the testator's wish to distribute personal property to beneficiaries are the minimum requirements for probate in most states.

• Holographic wills can be alternatives to wills that are created by lawyers.

• Holographic wills do not require any notarization or witnesses.

• Anyhow, this type of holographic will may lead to issues in the probate court.

 

How Holographic Will Works

Because holographic wills do not need to be witnessed or notarized, this can cause some complications during the will validation process that takes place in probate court. In order to prevent fraud, the majority of states mandate that holographic documents include the maker's signature. However, the courts are going to have to decide if the will was signed by the testator in the testator's handwriting and with the testator's signature.

The court needs to be convinced by people who are experts in handwriting or who are familiar with the decedent's handwriting that the signature was indeed the same as the one used by the deceased. When the handwriting is unclear or difficult to read, problems can arise.

A testator of a holographic will must be explicit about named beneficiaries and the receipt of property or assets, such as stocks, bonds, and fund accounts, just as they would be in any other will. This is the case even though holographic wills are becoming increasingly popular. Additionally, the testator may stipulate certain requirements that must be satisfied before a recipient is eligible to receive a named asset.

Holographic wills are not recognized in all states, and their legal status is determined by the laws of each individual state.

It is recommended by some legal professionals that in order to demonstrate that the testator had a sound mind, the testator should provide an explanation as to why particular property or other assets, such as securities, will be left to particular beneficiaries. A provision that a person must fulfill in order for a holographic will to be valid is that they must be of sound mind.

Additionally, a holographic will that is being contested in the court of probate might not contain the testator's last wishes. There is a possibility that the deceased person wrote the holographic will as a working draft or that they completely forgot to update it. In court, these issues might be raised for consideration.

There are numerous pieces of software, books, and websites available today that provide step-by-step instructions on how to draft and print a legal will and circumvent some of the challenges presented by the probate court. If a will is printed, as opposed to handwritten, then it must have at least two witnesses. A handwritten will is exempt from this requirement.

Where Holographic Wills Accepted?

It is essential to keep in mind that the disposition of wills drafted within a state's borders is ultimately determined by that state's probate law. Wills created using holographic technology are partially or fully recognized in some states. These states are 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. Other states in this group are Arkansas, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, West

In some states, holographic wills that are created within the state itself are not recognized. However, holographic wills that are created in other jurisdictions that do recognize holographic wills are accepted in these states under the provisions for foreign wills. In order for a holographic will to be recognized as valid under a provision of a foreign wills law that allows for the practice to be legalized, the holographic will must have been created in a jurisdiction that allows for the creation of holographic wills. Holographic wills are not currently recognized in the United States. Alabama, Connecticut, Delaware, Iowa, Minnesota, New Mexico, New Mexico, Rhode Island, South Carolina, and Washington are some of the states that recognize foreign wills and foreign testament provisions.

Holographic wills are only recognized in the states of New York and Maryland if they were created by a current or former member of the armed forces. These wills continue to be valid in Maryland for only one year after the testator leaves the Armed Forces, unless the testator is no longer considered to be of sound mind by the law at the time the will is tested. In the state of New York, a will of this kind is considered valid for a period of one year beginning either upon the testator's discharge from the armed forces or upon their regaining the ability to make a valid testament, whichever comes first.