Does a handwritten will stand up in court?

Yes, this is what's called a holographic will and a holographic will is a Last Will & Testament that the individual performs in their own handwriting and after that signs it and also dates it near the bottom or dates it at the top and signs his signature near the bottom, whichever they do. A handwritten Last Will & Testament needs to completely remain in the person's handwriting. A handwritten will can not be transcribed out by someone else and afterwards signed by the decedent or your loved one. And also I'm sure you can see why, since if someone is on their deathbed, you don't want a third person you don't want an unethical relative to go in there and also handwrite a last will & testament that provides the whole estate and after that they have person that's dying. They have them endorse their signature at the bottom. You can see all the things that are wrong with that. Initially, it's a bad actor, right? A horrible loved one has shown up. They have actually given themselves everything and they have probably compelled or unbeknownst to the individual who's passing away, had them execute something that they plainly were unable to read or that they maybe didn't perhaps even understand about. If you're going to utilize a handwritten or a holographic will, it needs to remain in the handwriting of the individual that is dying. And it actually has to be executed and dated by that person. As well as there are various guidelines being dependent on where your jurisdiction is. However it's actually crucial to understand that a handwritten last will and testament is in fact an extremely powerful legal document as long as it is performed properly in the person's own handwriting, dated as well as executed. Like I said, that does not indicate that someone else can handwrite it. It also does not suggest that somebody else can type it up and then have the person execute it. It needs to definitely be 100% in their own handwriting if it is a typed up document, then you need to want to your certain jurisdiction in your state or whatever jurisdiction you find yourself in to the laws on typed last will and testament. And that is an entirely different animal and usually calls for witnesses and also notary publics to be there and also independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

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

The truth is yes, 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, contact your territory and also an estate planning attorney near you to see to it 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.