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 does in their own handwriting and after that signs it and dates it near the bottom or dates it at the top and also signs at the bottom, whichever they do. A handwritten Last Will & Testament needs to absolutely remain in the individual's handwriting. A handwritten will can not be handwritten out by someone else and then executed by the decedent or your loved one. And also I'm sure you can see why, because if somebody gets on their deathbed, you don't need a 3rd party you do not want a deceitful relative to go in there and also handwrite a last will & testament that gives them the whole estate and after that they have individual who's passing away. They have them endorse their signature at the bottom. You can see all the things that are wrong with that said. Initially, it's a criminal, right? A hurtful relative has actually come in. They have actually granted themselves everything and they have probably forced or unbeknownst to the individual who's passing away, had them sign something that they clearly were unable to read or that they maybe didn't even know about. If you're really going to utilize a handwritten or a holographic will, it needs to be in the handwriting of the person that is passing away. And also it actually has to be signed and also dated by that person. As well as there are a wide range of standards being dependent on where your territory is. But it's truly important to know that a handwritten last will and testament is really a very powerful paper as long as it is carried out appropriately in the person's own handwriting, dated and also executed. Like I stated, that does not suggest that someone else can handwrite it. It also does not indicate that someone else can type it up and then have the individual sign it. It has to absolutely be 100% in their very own handwriting if it is a typed up paper, after that you have to want to your specific jurisdiction in your state or whatever jurisdiction you're in to the guidelines on typed last will and testament. And that is a totally different legal document and normally needs witnesses and also notary publics to be there and also independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

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

The answer is absolutely, as long as it's done appropriately, as long as there is no undue pressure, and also as long as there is no deception. As generally, consult your jurisdiction as well as an estate planning attorney near you to see to it 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.