A handwritten will by a "testator" (the person making the will and the owner of the property to be divided) is known as a holographic will. The basic requirements for the validity of the will are: (1) there is proof that the testator was the one who wrote the will entirely; (2) the testator must be of sound mind at the time he writes the will. This means that at the time he is writing the will he has the intellectual capacity to understand that by writing his will he intends to divest ownership of his property or properties in favor of another, to take effect at the time of his passing. The will must also be signed and dated. The salient feature of a holographic will is that it is handwritten, but it does not necessary have to be written on paper to be valid. One man wrote the shortest will according to The Guinness Book of World Records : "Vse zene," (in Czech, it means "all to wife") on a bedroom wall while on his deathbed, and this was recognized to be valid. In 1948, a farmer wrote "In case I die in this mess I leave all to the wife. Cecil Geo. Harris" on the tractor’s fender when he was trapped and about to die. The fender was taken into Court (probated) as a will. This famous will is currently displayed at University of Saskatchewan College of Law’s library (see photo). Proving that the holographic will is in the testator’s own handwriting can be a challenge. In some instances, expert witnesses are called to verify the authenticity of the handwritten document. When a person testifies in court to prove or disprove the authenticity of the handwriting, the court inquires if he has any interest in the will (if he is going to benefit from it). The witness is also expected to tell the court how acquainted he is with the testator and how he got to be familiar with the testator’s handwriting. To date the following States allow holographic wills: Alaska; Arizona; Arkansas; California; Colorado; Idaho; Kentucky; Louisiana; Maine; Maryland; Michigan; Mississippi; Montana; Nebraska; Nevada; New Jersey; New York; North Carolina; North Dakota; Pennsylvania; South Dakota; Tennessee; Texas; Utah; Virginia; West Virginia; and Wyoming. Each of these States have their own specific requirements for validity on top of the basic requirements of a holographic will. For example: Arkansas requires the will to be totally handwritten (just as in Virginia) and there must be three disinterested witnesses; Louisiana requires two disinterested witnesses and calls the will an "holographic testament"; and in Texas, holographic wills may be self-proved (meaning it has to be notarized) and any of the two witnesses can be as young as 14 years of age at the time the will was formed. Maryland recognizes its validity only if it was written by a person serving in the U.S. Armed Forces and written outside of the United States. It is valid only within a year after the testator was discharged from the Armed Forces, after which it is considered void and of no effect. Utah does not require witness for validity. Foreign holographic wills are wills that are validly made outside of the jurisdiction of States that do not allow holographic wills made within a state. The States of Connecticut, Hawaii, Oregon, South Carolina, Washington, and Wisconsin do not allow holographic wills made in within the State but they recognize foreign wills provided it was valid in the jurisdiction where it was prepared. Such has been the case with soldiers who have scribed their last words on the battlefield and their final wishes have and have not been honored depending on the jurisdictions involved. Holographic wills are not allowed in the following States: Alabama, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Minnesota, Mississippi, Missouri, New Hampshire, New Mexico, Ohio, Oregon and Rhode Island. On the other hand, the States of Indiana and Missouri do not have statutes making references to holographic wills. The easiest way may not be the most practical nor the most sound method. As we always say, state laws not just vary but change over time too. A holographic will accepted in one state may not be admissible in another state for the simple reason that its laws do not recognize holographic wills; and what is allowed now may not be allowed in the future, and vice versa. Saving money is a great idea, but it may not be the perfect solution if your estate is at stake. If a testator’s holographic will is not recognized by his state, then your estate (meaning everything that you have), will be divided and distributed by your State according to its intestate laws (the law governing the distribution of assets of those who died without the will). As you can see, writing a holographic will in order to save will defeat the very purpose for which you created it if it is found unacceptable later on. Consult with a legal professional first before attempting to write your holographic will. This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.
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