A holographic will is a handwritten and signed will written entirely by the testator (the person making the will), without requiring witnesses or notarization to be valid. It is distinct from typical wills because it does not need attestation by witnesses, but its recognition and validity vary by jurisdiction. Some states require the entire will to be in the testator's handwriting, while others accept material portions handwritten by the testator. Such wills can face challenges in probate court, especially regarding authenticity and whether the testator had mental capacity.
Key points about holographic wills:
- They must be written and signed in the testator's own handwriting.
- They usually don't need witnesses or notarization.
- State laws differ on their acceptance and specific requirements.
- They may be accepted in emergencies or under special circumstances for military personnel in some jurisdictions.
- Probate courts may verify handwriting through experts to prevent fraud.
This form of will can be a simpler alternative to formally drafted wills, but it may lead to legal challenges if not done carefully.
