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What is a Handwritten or Holographic Will?
A holographic or handwritten will is an informal document written by a testator who most likely intends it to be a legally binding will or estate plan. Some states simply do not recognize or permit holographic wills, whereas about half of the states do permit them to operate as binding legal documents. In some states, a holographic will must be dated by the testator in order for it to be valid. In other states, you can use a fill-in-the-blank will form, as long as the blanks contain your handwriting. If a state does recognize holographic wills, they do not need to be witnessed or notarized in most cases. Notwithstanding the fact that holographic wills are perfectly legal in some states, it is still generally better to execute a formal, written will, which you date and sign in front of appropriate witnesses.
Legal Issues
In some cases, if the legitimacy or validity of a holographic will is challenged, a court may be very strict in deciding whether to honor the wishes set forth in the holographic will. Plus, if you do not have the guidance of an attorney in drafting your will, and you are not a lawyer yourself, then it is easy to write a provision or asset distribution plan that is ambiguous or unclear. While your holographic will may be clear to you, it may not be so clear to others after your death. Therefore, in order to ensure that your last wishes are followed, and that your assets are distributed as you choose, you should generally opt for a written will, as opposed to a holographic will.
Is a Lawyer Required?
While a holographic will may be acceptable in some jurisdictions, you risk not only ambiguity in your will provisions, which may lead to unintended consequences for your assets, but also having your entire will invalidated for failing to comply with relevant laws and procedures. By enlisting the assistance of an estate planning attorney, you can avoid these risks and execute a will that is not only legally valid, but that meets all of your estate planning needs.