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 person carries out in their very own handwriting and afterwards signs it and also dates it near the bottom or dates it on top and also signs his signature at the bottom, whichever they do. A handwritten will should completely remain in the individual's handwriting. A handwritten will can not be transcribed out by somebody 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 somebody is on their deathbed, you don't really want a 3rd party you don't want a deceitful relative to go in there and also handwrite a last will and testament that gives them the whole estate and then they have person that's passing away. They have them sign their signature at the bottom. You can see all things that are wrong with that. First, it's a bad actor, right? A bad relative has come in. They have granted themselves everything and they have actually most likely forced or unbeknownst to the person that's passing away, had them sign something that they plainly were unable to read or that they maybe really did not even learn about. If you're going to utilize an in writing or a holographic will, it needs to be in the handwriting of the individual who is dying. And also it really has to be executed and also dated by that person. And there are various regulations being dependent on where your jurisdiction is. Yet it's truly crucial to recognize that a handwritten last will and testament is in fact an extremely effective legal document as long as it is executed properly in the person's own handwriting, dated and also executed. Like I stated, that does not indicate that someone else can handwrite it. It also does not suggest that somebody else can type it up and afterwards have the person sign it. It must absolutely be 100% in their own handwriting if it is a typed up document, then you have to want to your particular district in your state or whatever territory you find yourself in to the guidelines on typed last will and testament. And that is a totally different legal document 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 handwritten last will and testament hold up in court?

The truth is absolutely, 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, check with your jurisdiction as well as 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.