A holographic will is an entirely handwritten will signed and dated by the person making his or her will and the will is not witnessed. Holographic wills are legally valid in 27 of the 50 states, but states can vary the requirements of a holographic will, such as requiring or not requiring the holographic will to be dated or witnessed.
Sailors at sea and soldiers at war can make holographic wills under the law in some other states, but their holographic wills become void when they return from sea or are discharged from the military.
In theory you do not need benefit of legal counsel to make a holographic will. However, choosing to make a holographic will can be problematic. For example, if the testator, the person making the will, dies then proving in probate court that the holographic will is valid is difficult because it is not witnessed and the intent of the testator is difficult to prove.
Although a holographic will can be useful in emergency or when a person is dying, this form of a will is not recommended.
A holographic will is better than no will at all. Without a will a person’s assets will be distributed by the state.
If you want to do a holographic will for reasons of your own, it’s best to have an attorney who is experienced in wills review it to help avoid legal ramifications after you die.
Click to learn about Holographic Will Law on LawInfo.
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