Last wills and testaments have traveled a varied path
throughout their existence from oral to handwritten to typewritten to
word processed. Handwritten wills are known as holographic wills, but
they are not valid in each of the fifty states.
What Are Holographic Wills?
Holographic wills are written entirely by hand by the individual whose
will it is. Specific rules apply to this document within each state that
accepts it in order for it to be considered valid. Today, holographic
wills are uncommonly used, primarily because of the abundance of
computerized programs, preprinted forms, estate planners, and estate
lawyers.
What Is the Validity of Holographic Wills?
Not very many states still accept this type of document as valid.
However, in the states that do, each of the requirements must be met in
order for the document to be legally binding. Although these requirements
vary from state to state, common specifications do exist.
In particular, most states include the requirement that the will must be
signed by the individual who created the document. If it has not been
signed by this person, it will not be considered valid, even if witnesses
exist who can attest to the fact that the person did indeed write it.
A holographic will, like most valid wills, must be dated with the month,
day, and year. If this information is not included, it could affect the
validity of the document negatively causing it not to be valid.
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Criteria must also be met that proves that the testator is the person who
wrote the will. While this criterion varies from state to state, common
measure do apply. The most common methods used to determine whether or
not the testator handwrote the will are: witnesses, handwriting experts,
and death-bed composition.
Additionally, a requirement exists in certain states that the entire
document must be handwritten. In some states, California for one, only
the portions that make the document a valid one must be handwritten.
What Are the Disadvantages of Holographic Wills?
One of the possible disadvantages of a holographic will is that the
wording might not be clear enough to achieve the intended action. If the
statements within the document are misinterpreted, then the property
might not be dispersed as intended.
Another possible disadvantage is that the holographic will might not be
considered valid if some of the terms and requirements were not followed
properly. Not every individual who creates this type of document is aware
that these requirements exist or that they must be followed to the
letter.
A third potential problem comes into play if the individual moves from
one state to another. Since each of the fifty states do not accept
holographic wills as valid documents, the possibility exists that the
document might not hold its validity in the new state of residence. This
means that even if the document is valid in the initial state of
residence, it might not be valid in the second state of residence and a
new will have to be drafted.
What States Do Not Accept Holographic Wills as Valid?
A number of states do not accept holographic wills to be valid under any
circumstances. These states include: Alabama, Delaware, Florida, Georgia,
Hawaii, Illinois, Indiana, Iowa, Kansas, Massachusetts, Minnesota,
Missouri, New Hampshire, New Mexico, Ohio, Oregon, Rhode Island, Vermont,
Washington, and Wisconsin.
A number of states accept holographic wills to be valid under special
circumstances. These states include the following: Connecticut, Maryland,
New York, and South Carolina.
A number of states accept holographic wills to be valid as long as the
state's requirements have been met. These states are: Alaska, Arizona,
Arkansas, California, Colorado, 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, and Wyoming.