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 & Testament that the person carries out in their very own handwriting and afterwards signs it and dates it near the bottom or dates it on top and signs near the bottom, whichever they do. A handwritten will needs to absolutely remain in the individual's handwriting. A handwritten will can not be transcribed out by somebody else and after that executed by the decedent or your loved one. And I'm sure you can see why, because if someone gets on their deathbed, you do not want a third person you don't want an unscrupulous relative to go in there and also handwrite a last will and testament that gives them the whole estate and afterwards they have person that's dying. They have them endorse their signature at the bottom. You can see all the important things that are wrong with that. Initially, it's a bad actor, right? A bad loved one has actually come in. They have granted themselves everything and they have actually possibly required or unbeknownst to the person who's passing away, had them sign something that they plainly were not able to read through or that they maybe really did not perhaps even understand about. If you're going to use a handwritten or a holographic will, it needs to remain in the handwriting of the individual that is passing away. And it actually needs to be executed as well as dated by that individual. And also there are various standards depending on where your jurisdiction is. Yet it's really important to know that a handwritten last will and testament is really a very effective paper as long as it is executed properly in the individual's very own handwriting, dated as well as signed. Like I said, that does not imply that somebody else can handwrite it. It likewise does not indicate that somebody else can type it up and then have the person sign it. It needs to absolutely be 100% in their own handwriting if it is a typed up paper, after that you have to aim to your certain district in your state or whatever jurisdiction you reside in to the laws on typed last will and testament. And that is a completely different animal and typically calls for witnesses as well as notary publics to be there as well as independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

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

The truth is absolutely, as long as it's done appropriately, as long as there is no undue pressure, and also as long as there is no fraud. As always, check with your territory and an estate planning attorney near you to make sure that holographic or handwritten will is done properly. 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.