Does a handwritten will hold up in court?

Yes, this is what's called a holographic will and a holographic will is a will that the individual does in their very own handwriting and afterwards signs it as well as dates it near the bottom or dates it at the top and also signs 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 somebody else and after that executed by the decedent or your loved one. And I'm sure you can see why, due to the fact that if someone is on their deathbed, you don't need a third person you don't really want a deceitful relative to go in there and handwrite a last will and testament that provides the entire estate and after that they have individual that's passing away. They have them execute their signature at the bottom. You can see all things that are wrong with that. Initially, it's a bad actor, right? A bad loved one has come in. They have actually given themselves the whole thing and they have actually probably compelled or unbeknownst to the individual who's passing away, had them execute something that they plainly were not able to read or that they maybe really did not perhaps even understand about. If you're likely going to utilize an in writing or a holographic will, it needs to remain in the handwriting of the person who is passing away. And it actually needs to be executed and dated by that person. And there are different laws depending upon where your territory is. But it's actually vital to recognize that a handwritten last will and testament is actually a very powerful legal document as long as it is executed properly in the person's own handwriting, dated and executed. Like I said, that does not suggest that somebody else can handwrite it. It additionally does not mean that somebody else can type it up and then have the person sign it. It has to absolutely be 100% in their very own handwriting if it is a typed up paper, after that you have to aim to your specific district in your state or whatever territory you find yourself in to the rules on typed last will and testament. Which is a totally different animal and normally requires 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 properly, as long as there is no undue influence, and also as long as there is no fraud. As generally, check with your jurisdiction and an estate planning attorney near you to ensure 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.