Does a handwritten will hold up in court?

Yes, this is what's called a holographic will and a holographic will is a Last Will that the individual performs in their very own handwriting and then signs it and also dates it at the bottom or dates it at the top and also signs at the bottom, whichever they do. A handwritten Last Will should completely remain in the individual's handwriting. A handwritten will can not be handwritten out by somebody else and afterwards executed by the decedent or your loved one. And also I'm sure you can see why, since if somebody gets on their deathbed, you don't want a third party you do not want an underhanded relative to go in there and handwrite a last will and testament that provides the whole estate and afterwards they have individual who's passing away. They have them execute their signature near the bottom. You can see all the things that are wrong with that. First, it's a bad actor, right? A bad relative has come in. They have granted themselves the whole thing and they have actually probably forced or unbeknownst to the individual that's dying, had them sign something that they clearly were unable to review or that they maybe didn't even learn about. If you're going to utilize a handwritten or a holographic will, it has to be in the handwriting of the person that is passing away. And also it in fact has to be signed as well as dated by that person. And also there are various guidelines depending on where your territory is. However it's truly essential to know that a handwritten last will and testament is actually a very powerful paper as long as it is executed appropriately in the individual's very own handwriting, dated as well as executed. Like I claimed, that does not suggest that someone else can handwrite it. It also does not suggest that somebody else can type it up and after that have the individual sign it. It must absolutely be 100% in their own handwriting if it is a typed up paper, after that you have to seek to your specific district in your state or whatever territory you're in to the rules on typed last will and testament. Which is a totally different document and typically needs witnesses and notary publics to be there and also independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

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

The answer is yes indeed, as long as it's done correctly, as long as there is no undue influence, and also as long as there is no deception. As always, get in touch with your territory and an estate planning attorney near you to make certain that holographic or handwritten will is done properly. More information.

Find us on TikTok

Directions on Google Maps

Videos on YouTube

Find us on YELP

Find us on Twitter

Find us on AVVO

 

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.