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Does a handwritten will hold up in court?

Mar 30

Yes, this is what's called a holographic will and a holographic will is a Last Will that the individual performs in their very own handwriting and after that signs it and also dates it at the bottom or dates it on top as well as 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 handwritten out by somebody else and after that signed by the decedent or your loved one. And I'm sure you can see why, since if someone is on their deathbed, you do not want a third person you don't really want an unethical relative to go in there and also handwrite a last will and testament that provides the entire estate and afterwards they have person that's passing away. 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 criminal, right? A hurtful loved one has actually come in. They have actually given themselves every thing and they have actually probably forced or unbeknownst to the person that's passing away, had them execute something that they plainly were not able to read through or that they maybe really did not perhaps even learn about. If you're really going to utilize an in writing or a holographic will, it needs to be in the handwriting of the person who is passing away. As well as it in fact has to be executed and also dated by that person. And there are a wide range of laws depending upon where your jurisdiction is. But it's actually important to know that a handwritten last will and testament is in fact an extremely powerful legal document as long as it is executed correctly in the person's very own handwriting, dated and also executed. Like I said, that does not imply that someone else can handwrite it. It likewise does not indicate that somebody else can type it up and then have the person execute it. It must absolutely be 100% in their very own handwriting if it is a typed up document, after that you have to want to your certain district in your state or whatever jurisdiction you find yourself in to the policies on typed last will and testament. And that is a totally different document and typically needs witnesses and notary publics to be there and also 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 correctly, as long as there is no undue pressure, and as long as there is no fraud. As generally, contact 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.