Is a handwritten will valid?

Wills written by hand (not typed or created on a computer or word processor), also known as holographic wills, are only valid in a few states.

What states recognize holographic wills?

States that legally recognize holographic wills (to varying degrees) include:

• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Idaho
• Kentucky
• Maine
• Michigan
• Mississippi
• Montana
• Nebraska
• Nevada
• New Jersey
• North Carolina
• North Dakota
• Oklahoma
• Pennsylvania
• South Dakota
• Tennessee
• Texas
• Utah
• Virginia
• West Virginia
• Wyoming

What requirements do holographic wills need to meet?

Even in these states, however, there may be very specific requirements. For example, California requires that all sections of the will necessary to make the will valid must be written entirely by hand and that the person writing the will must sign it. If these state rules aren’t followed, the holographic will won’t be valid.

Sometimes a handwritten will is better than no will at all, sometimes it’s not. If the person writing the will doesn’t know how to write a will and leaves out important language, or if the holographic will creates ambiguity or an unintended result, then the intended property might end up going to the wrong person. If the person’s property would have gone to family members under the state laws that cover property when there’s no will (a process known as intestate succession), having no will might have achieved a result closer to the will writer’s real intentions.

See will form reviews for information about products that can help you draft a valid will for a simple estate.

Case Studies: Validity of Handwritten Wills (Holographic Wills)

Case Study 1: California’s Specific Requirements

In California, a handwritten will must meet specific requirements to be considered valid. All sections necessary to make the will valid must be written entirely by hand, and the person writing the will must sign it. Failure to comply with these rules would render the holographic will invalid.

This case study highlights the importance of understanding and following the precise requirements set forth by each state that recognizes holographic wills.

Case Study 2: Potential Ambiguity and Unintended Results

While a handwritten will may be better than having no will at all, there are risks associated with it. If the person writing the will lacks knowledge about proper will drafting or fails to include essential language, the holographic will could create ambiguity or unintended consequences.

In such cases, the intended distribution of property may not align with the writer’s true intentions. Without a well-drafted will, the property may end up going to the wrong person or result in an outcome that differs from the writer’s desired wishes.

Case Study 3: Intestate Succession and No Will

In situations where a handwritten will is insufficient or flawed, not having a will may lead to outcomes closer to the writer’s actual intentions. If the state laws governing property distribution in the absence of a will (intestate succession) align with the writer’s desired distribution among family members, not having a will might achieve a result more in line with the writer’s intentions.

This case study underscores the importance of carefully considering the implications of using a handwritten will and seeking legal assistance to ensure that one’s wishes are accurately reflected in a valid document.