Does a handwritten will stand up in court?

Yes, this is what's called a holographic will and a holographic will is a will that the individual performs in their own handwriting and afterwards signs it and dates it near the bottom or dates it on top and also signs his signature at the bottom, whichever they do. A handwritten will has to completely remain in the individual's handwriting. A handwritten will can not be transcribed out by someone else and then signed by the decedent or your loved one. And also I'm sure you can see why, because if somebody is on their deathbed, you do not really want a 3rd party you don't want an unethical relative to go in there and handwrite a last will that gives them the whole estate and afterwards they have person that's passing away. They have them sign their signature near the bottom. You can see all things that are wrong with that said. First, it's a bad actor, right? A bad relative has come in. They have granted themselves every thing as well as they have probably forced or unbeknownst to the individual that's dying, had them sign something that they plainly were not able to read or that they perhaps didn't perhaps even learn about. If you're likely going to use an in writing or a holographic will, it has to be in the handwriting of the individual who is passing away. As well as it in fact has to be executed and also dated by that individual. As well as there are a wide range of laws depending upon where your jurisdiction is. However it's really crucial to know that a handwritten last will and testament is actually a really powerful legal document as long as it is carried out appropriately in the individual's own handwriting, dated and signed. Like I stated, that does not imply that someone else can handwrite it. It also does not mean that someone else can type it up and afterwards have the person sign it. It should absolutely be 100% in their very own handwriting if it is a typed up legal document, then you need to look to your particular district in your state or whatever territory you reside in to the regulations on typed last will and testament. Which is an entirely different animal and generally needs witnesses and also notary publics to be there and 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 correctly, as long as there is no undue influence, and as long as there is no fraud. As always, check with your jurisdiction as well as an estate planning attorney near you to make sure 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.