Does a handwritten will hold up in court?

Yes, this is what's called a holographic will and a holographic will is a will that the individual carries out in their very own handwriting and afterwards signs it and dates it near the bottom or dates it on top as well as signs at the bottom, whichever they do. A handwritten Last Will has to completely remain in the individual's handwriting. A handwritten will can not be handwritten out by someone else and then signed by the decedent or your loved one. And also I'm sure you can see why, since if someone gets on their deathbed, you don't really want a third party you don't want an underhanded relative to go in there and handwrite a will that provides the entire estate and after that they have individual that's passing away. They have them sign their signature near the bottom. You can see all the things that are wrong with that. Initially, it's a criminal, right? A hurtful loved one has actually come in. They have granted themselves the whole thing and they have actually most likely required or unbeknownst to the individual who's dying, had them execute something that they plainly were unable to read or that they perhaps really did not even learn about. If you're really going to make use of a handwritten or a holographic will, it needs to remain in the handwriting of the individual that is dying. And it actually has to be executed and dated by that person. As well as there are different standards depending on where your jurisdiction is. But it's really vital to recognize that a handwritten last will and testament is in fact a very powerful legal document as long as it is implemented correctly in the individual's own handwriting, dated and also executed. Like I said, that does not mean that somebody else can handwrite it. It also does not suggest that someone else can type it up and then have the person execute it. It has to absolutely be 100% in their own handwriting if it is a typed up legal document, then you need to aim to your certain district in your state or whatever jurisdiction you reside in to the policies on typed last will and testament. And that is an entirely different animal and generally requires witnesses and notary publics to be there and independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

Can a handwritten last will and testament stand up in court?

The answer is yes, as long as it's done appropriately, as long as there is no undue influence, and as long as there is no deception. As always, talk to your jurisdiction as well as an estate planning attorney near you to make sure that holographic or handwritten will is done correctly. More information.

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Cortes Law Firm

5801 Broadway Extension Hwy Suite 110

Oklahoma City, OK, 73118

405-213-0856

 

This article is for educational and informational purposes only, and is not legal advice. If you have a legal issue, then immediately contact an estate planning attorney or probate attorney in your jurisdiction.