What Is a Holographic Will?
A holographic will might sound like something from a sci-fi show, but the term refers to a handwritten will. Handwritten wills are only considered holographic if written in the testator's handwriting without a notary. A handwritten will that is witnessed and notarized is no longer a holographic will and can instead be considered a regular, valid will.
Proving a Holographic Will in Court
To prove a holographic will's validity in court, family members might have to testify that they saw you write and sign the will or that they recognize the handwriting. A handwriting expert can also assess the will against samples of your writing.
It's necessary, as well, to prove that you were of sound mind when you wrote the will. To do so, you can record yourself reading your own will out loud. It's also possible to have a family member testify that you were in full capacity of your senses when you wrote the document
Legal Requirements for a Valid Holographic Will
One of the most important holographic will requirements is that the entire will must be in the testator's handwriting. Some states allow for only the material provisions to be in the testator's handwriting, while the rest can be typewritten, but that's not the case in Texas.
The holographic will has to explicitly state that it is the testator's intent to write a will. This means that you can't jot down some notes on provisions and expect them to be considered valid.
Such a will must also bear your signature. If it's not signed in your own handwriting, it's not a legally valid will. Some states also require that you date a holographic will.
Requirements for holographic wills also include needing to clearly describe the assets and property that you are bequeathing and identify each beneficiary. Additionally, you must demonstrate that you are of sound mind, which means you have the mental capacity to make your final wishes known and are not under any undue influence.
Why You Should Consider a Formal Will
Holographic wills could be helpful in some cases, but they can also be problematic if they're not written exactly as required. A few states don't recognize them at all.
Having a formal will can give you peace of mind and ensure your wishes are respected. Because you will have witnesses and a lawyer helping you, these formal documents can save your loved ones a lot of stress after your death.
Challenges and Limitations of Holographic Wills
Holographic wills have a few challenges. One obstacle is that it can be tough to prove their validity. For the probate court to accept it as your last will and testament, it must be in your verifiable handwriting and must clearly state its purpose as a will. If that's not directly stated, the will can be contested. State laws regarding holographic wills vary widely, and the laws can change rapidly, so even if your state currently holds holographic wills as valid, it may not in the future. Another challenge is that it's much easier to make mistakes when you write a will out by hand.
Your handwriting itself can complicate matters if it can't be easily read. Illegible handwriting or poorly worded sentences can have serious repercussions for your loved ones. You could also forget important aspects of your estate. If you're not well-versed in estate law, it can be easy to make errors or omit vital information.
Another serious drawback of holographic wills is that they're informal enough that you may forget to update or revise them as you would another type of will. You won't have a lawyer reminding you to do so, either, unless you tell them that you've created a handwritten will.
Contact an Estate Planning Attorney
If you're planning on writing a holographic will, or if you want to know more about putting together a traditional will, an estate planning lawyer can ensure everything is in order. At Hunter Sargent, PLLC, we offer the guidance you need to protect your legacy and your loved ones. Contact us to learn more about estate planning documents.
