Does a handwritten will stand up in court?

Yes, this is what's called a holographic will and a holographic will is a Last Will & Testament that the person performs in their own handwriting and afterwards signs it as well as dates it near the bottom or dates it on top and signs his signature near the bottom, whichever they do. A handwritten will needs to absolutely remain in the person's handwriting. A handwritten will can not be transcribed out by somebody else and then executed by the decedent or your loved one. And also I'm sure you can see why, because if someone is on their deathbed, you don't need a third person you don't want a dishonest relative to go in there and also handwrite a last will & testament that gives them the whole estate and afterwards they have person that's dying. They have them execute their signature at the bottom. You can see all the important things that are wrong with that. First, it's a bad actor, right? A bad relative has shown up. They have actually given themselves every thing and they have possibly required or unbeknownst to the person that's passing away, had them sign something that they clearly were unable to read through or that they maybe didn't even find out about. If you're really going to use a handwritten or a holographic will, it needs to remain in the handwriting of the person who is dying. And also it actually needs to be signed and dated by that person. As well as there are different guidelines being dependent on where your territory is. However it's truly vital to recognize that a handwritten last will and testament is really an extremely effective legal document as long as it is executed correctly in the person's very own handwriting, dated and also signed. Like I claimed, that does not indicate that somebody else can handwrite it. It also does not imply that someone else can type it up and afterwards have the individual execute it. It has to absolutely be 100% in their own handwriting if it is a typed up paper, then you need to seek to your specific district in your state or whatever territory you're in to the regulations on typed last will and testament. Which is a totally different document and typically needs witnesses and also notary publics to be there and independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

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

The truth is absolutely, as long as it's done correctly, as long as there is no undue pressure, and also as long as there is no fraud. As always, check with your territory 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.