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 that the person performs in their own handwriting and then signs it and dates it at the bottom or dates it at the top and signs near the bottom, whichever they do. A handwritten Last Will & Testament has to absolutely be in the individual's handwriting. A handwritten will can not be handwritten out by someone else and then signed by the decedent or your loved one. And I'm sure you can see why, due to the fact that if someone gets on their deathbed, you do not really want a third person you don't really want an underhanded relative to go in there and also handwrite a will that gives them the entire estate and afterwards they have person that's dying. They have them execute their signature at the bottom. You can see all things that are wrong with that. First, it's a criminal, right? A horrible loved one has actually shown up. They have actually given themselves the whole thing and they have actually most likely forced or unbeknownst to the person who's dying, had them sign something that they clearly were not able to read or that they perhaps didn't even learn about. If you're going to make use of an in writing or a holographic will, it has to remain in the handwriting of the person who is dying. As well as it in fact has to be signed and also dated by that person. As well as there are different policies being dependent on where your jurisdiction is. However it's really important to recognize that a handwritten last will and testament is in fact a very powerful document as long as it is executed properly in the person's own handwriting, dated and also signed. Like I stated, that does not mean that somebody else can handwrite it. It additionally does not mean that someone else can type it up and afterwards have the individual execute it. It has to absolutely be 100% in their very own handwriting if it is a typed up document, after that you have to look to your particular district in your state or whatever jurisdiction you're in to the regulations on typed last will and testament. And that is a completely different animal and normally needs witnesses and also notary publics to be there and 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 correctly, as long as there is no undue influence, and as long as there is no deception. As always, consult your jurisdiction 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.