What Is a Holographic Will?
A holographic will is a handwritten document signed and dated by the person making the will, also known as the "testator".
The entire document must be in the testator's handwriting - it cannot be typed or written by someone else.
In some states, a holographic will does not need to be witnessed, but others require witnesses.
States That Recognize Holographic Wills
A handful of states recognize holographic wills, including the following:
The requirements for holographic wills vary from state to state, so check the laws in your state before you write one.
Additionally, other states recognize holographic wills as foreign wills:
- Alabama
- Connecticut
- Delaware
- Iowa
- Minnesota
- New Mexico
- Rhode Island
- South Carolina
- Washington
For example, if someone wrote a holographic will in a state that recognizes holographic wills and then moves to a state that does not, the holographic will would likely still be valid, provided it meets all of the necessary requirements.
Requirements for Holographic Wills
While specific requirements for holographic wills vary from state to state, some general needs require fulfillment to make a holographic valid.
First, the holographic will must be entirely in the testator’s handwriting. In some states, like California, this means the entire document must be handwritten - even the date and signature.
In other states, like Michigan, holographic wills are only valid if they contain specific language indicating the document is intended to be a will.
Additionally, holographic wills must be signed and dated by the testator. The signature does not require notarization, but some states require witnesses.
Finally, holographic wills must be clear and unambiguous. This means it should clarify the testator's wishes and how they want their assets distributed.
Any ambiguity in the will may invalidate it.
Potential Downfalls
There are potential downfalls to holographic wills, even if they meet all requirements.
First, holographic wills can be contested. If someone challenges the validity of a holographic will, it may be more tricky to prove it is valid without witnesses or a notarized signature.
Additionally, holographic wills can be more easily forged than other types of wills. This is because they do not require witnesses or a notarized signature, and it can be difficult to determine if a holographic will is in the testator's handwriting.
Finally, holographic wills may not be accepted by financial institutions or government agencies. For example, if someone leaves their bank account to someone in a holographic will, the bank may not accept the will and instead distribute the account according to their own policies.
Similarly, if someone leaves government benefits, like Social Security or veterans' benefits, in a holographic will, the agency may choose to follow their own procedures for distributing those benefits.
For these reasons, consider your options before writing a holographic will.
The Bottom Line
A holographic will is entirely in the handwriting of the testator and does not require witnesses or a notarized signature.
Holographic wills are only valid in a handful of states, and even then, specific requirements must be met.
Holographic wills can be contested, forged, and may not be accepted by financial institutions or government agencies.
Before writing a holographic will, consider your options and understand the potential risks and downfalls.
FAQs
1. If someone wrote a holographic will in a state that recognizes holographic wills and then moved to a state that does not, would the holographic will still be valid?
Yes. Some states will recognize holographic wills if they meet all of the requirements, even if the testator has moved to a state that does not recognize holographic wills.
2. What if someone who wrote a holographic will wants to change it?
If someone wants to change their holographic will, they can either write a new holographic will or destroy the old one. If the old holographic will is not destroyed, it may still be considered valid.
3. If someone that does not have the capacity to write wants a holographic will, can someone write it for them?
No. A valid holographic will must be entirely in the testator’s handwriting. This means that if someone else writes the will, it is not considered holographic and would not be valid.
4. Can family members use the holographic will of a deceased family member to distribute their assets?
Yes. If a holographic will is found after the testator's death, family members can use it to distribute the assets according to the holographic will, presuming it meets the necessary requirements.
5. Should I consult my lawyer before writing a holographic will?
Yes. It is always a good idea to consult your lawyer before writing any kind of will, holographic or otherwise. Your lawyer can help you understand the requirements and advise whether or not a holographic will is suitable for you.
