A holographic will is a last will and testament which is completely handwritten by the person creating the will. This person is also known as the “testator.” A last will and testament is a legal document which specifies how a person wants his or her assets and property distributed upon death. Usually, a last will and testament is typed up as a formal legal document and signed by the testator in the presence of witnesses.
Holographic Will Requirements
Every jurisdiction has different requirements for the proper and legal form and execution of a will. However, there may be instances where a formally drafted will is not possible. For example, if a person is in a life threatening health crisis, a holographic will may be necessary. Also, if there is an emergency situation, one may have to resort to creating a holographic will. In addition, if a person seeks to alter a previously drafted will but does not have the time to have a formal document drawn up, a holographic will may be utilized.
Problems With Holographic Wills
Not all states recognize holographic wills as valid. Also, some jurisdictions allow holographic wills, but only if the will was drafted in an emergency. Furthermore, most jurisdictions recognizing holographic wills require several key components to the holographic will. Initially, there must be evidence that the will was in fact the testator’s own will. This may be supplied by handwriting comparison or analysis. In addition, there must be an indication that the testator had the mental capacity to draft the will. Furthermore, the holographic will must contain an expression of the testator’s intention to leave his or her property and assets to beneficiaries.
Whether your jurisdiction will legally recognize a holographic will depends upon the law of the state in which the will is made. Thus, it is always prudent to consult with an estate attorney in your area in order to determine the jurisdiction’s requirements and to ensure that your will is valid.