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 individual does in their own handwriting and afterwards signs it and dates it at the bottom or dates it on top as well as signs near the bottom, whichever they do. A handwritten Last Will has to completely remain in the person's handwriting. A handwritten will can not be handwritten out by someone else and after that executed by the decedent or your loved one. And I'm sure you can see why, since if someone gets on their deathbed, you do not really want a 3rd party you do not really want a deceitful relative to go in there and handwrite a last will & testament that provides the entire estate and after that they have person who's dying. They have them execute their signature at the bottom. You can see all the things that are wrong with that said. Initially, it's a bad actor, right? A hurtful relative has come in. They have granted themselves all things and they have possibly required or unbeknownst to the individual that's passing away, had them execute something that they clearly were unable to read or that they possibly didn't 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 person that is passing away. As well as it really has to be signed as well as dated by that person. And also there are a wide range of policies being dependent on where your jurisdiction is. Yet it's really important to understand that a handwritten last will and testament is in fact a really powerful legal document as long as it is carried out correctly in the individual's own handwriting, dated as well as signed. Like I said, that does not mean that somebody else can handwrite it. It also does not imply that somebody else can type it up and after that have the person sign it. It needs to absolutely be 100% in their very own handwriting if it is a typed up legal document, after that you have to want to your certain jurisdiction in your state or whatever jurisdiction you're in to the policies on typed last will and testament. Which is a totally different animal and usually needs witnesses and also notary publics to be there as well as independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

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

The truth is yes indeed, 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, contact your territory as well as an estate planning attorney near you to make certain that holographic or handwritten will is done properly. 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.