Is a notarized Will legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a notarized Will legal?
A woman with cancer has asked if her handwritten Will could be notarized and be legal without any witnesses signatures.
Asked on May 6, 2017 under Estate Planning, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Some states recognize "holographic" Wills, which are wills that are completely written in the deceased's own handwriting. These Wills do not have to meet the same requirements and other formalities that formal Wills must meet. Holographic Wills must be dated and signed by the deceased person, be legible and clearly state who should receive the deceased's assets. These Wills do not require witness signatures and need be notarized to be valid (in fact no Will need be notarized unless they contain self-proving affidavits).
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Some states recognize "holographic" Wills, which are wills that are completely written in the deceased's own handwriting. These Wills do not have to meet the same requirements and other formalities that formal Wills must meet. Holographic Wills must be dated and signed by the deceased person, be legible and clearly state who should receive the deceased's assets. These Wills do not require witness signatures and need be notarized to be valid (in fact no Will need be notarized unless they contain self-proving affidavits).
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A holographic will is one that is signed, dated, and completely in the handwriting of the testator. The testator is the person whose will it is.
A holographic will does not require any witnesses or notarization to be valid. It is a legally accepted will.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.