b) No certificate is required for a holographic will. If you have discovered the handwritten will of a deceased relative, do not hesitate to seek legal assistance. This is not the kind of problem you want to try to solve yourself, simply because the court has questions that you cannot answer immediately. Section 31-3.4 of the SGNC recognizes holographic wills and provides: (1) written entirely by the testator`s handwriting, but if all the words appearing on a piece of paper in the testator`s hand are sufficient to form a valid holograph will, the fact that other words or printed matter appear in the will is not in the testator`s hand, and does not affect the meaning of the words in that manuscript, does not affect the validity of the will, and Although the entire will does not need to be handwritten, substantial parts of it must be handwritten by the testator – although the law allows someone else to write it on behalf of the testator if he or she is physically unable to write. In other words, the court usually wants to see more than the testator`s signature on a piece of paper, unless there is a very good reason to do so. It is clear that the creation of a holograph will is not a hasty decision. With minimal time and relatively low cost, you can turn to a lawyer to draft your will, and you can rest assured that it has been drafted correctly. Does writing a will seem like a daunting task? This checklist makes it easy to gather the information you need and allows you to settle for stress. In May of last year, Wisconsin passed an online notarization law due to the pandemic, but it does not apply to wills. But of course, laws are constantly evolving, so consulting a lawyer is the best choice to make sure your wishes are met.

One of the reasons for making a will and estate plan is to take care of family members. A holograph will can cause doubt, confusion and stress for your loved ones. This may require them to wait longer before they can claim their inheritance. In the worst case, a holograph will can lead to fights between your loved ones. A signed handwritten document outlining what should happen to the property after your death is not necessarily a valid holograph will. States that accept holograph wills have different legal requirements. Creating a holograph will can lead to unintended complications. Some probate judges will be reluctant to accept a handwritten will because it is difficult to verify the testator`s handwriting.

The judge may hear witnesses who knew the testator`s handwriting, but any disagreement or doubt requires the use of handwriting experts. No one but you can write any part of it and no part of it can be typed. You can write in italics or block letters, but the entire will can only be by you. A will is a specific type of legal document. In general, it must be a written document notarized or signed by two witnesses in addition to the testator. During the COVID pandemic, Illinois Governor J.B. Pritzer issued Executive Order T2020-14, which allows a person to virtually attend a will via video conference while physically in the state of Illinois. The decree entered into force in June 2020. So why wouldn`t anyone want to write a will that way? Wills are regularly challenged due to vagueness or other ambiguities.

It is difficult enough for lawyers to draft wills and contains enough wording to demonstrate the intention of the testator (the author of the will). A person who chooses to make a holograph will may not provide some material language that could affect the distribution of assets. Such a person may not include certain property or assets and may lead to confusion as to who should receive these items. A handwritten will that meets a state`s requirements for testimony is not a holograph will. State laws generally require that a will be „in writing,” but do not stipulate that they must be typed. In most states, a handwritten will that meets the requirements of witnesses is permitted. However, writing a will is preferable because it avoids forcing a judge to interpret the testator`s handwriting. Even if a holograph will is legal in your state, you should only use one if your life is at stake and you don`t have time to find witnesses or consult an estate planning lawyer. Otherwise, you should have a typed will with the number of witnesses required by your state law. Given the importance of a will, it is advisable to seek legal advice before drafting a will.

Unlike a formal will, which must be attested or notarized, a holograph will does not require witnesses. Overall, a holograph will raises some problems. Ambiguous language can cause problems. In addition, the court may question its authenticity – which is why it is preferable for large parts to be written by the testator`s hand. Whatever happens, you can expect the court to carefully consider all possible issues before accepting a holograph will as valid. You can make a fully legal will yourself in any state without a lawyer. But should you? In North Carolina, testimony is also required to prove that a holograph will „was found after the death of the testator under the testator`s papers or valuable instruments or in a safe deposit box or other secure place where it was deposited by the testator or under the control of the testator, or in the possession or custody of a person. with the company or entity with which it was deposited for custody by the deceased or under a power of attorney of the deceased. When I talk to different groups and organizations about estate planning, I am regularly asked if it is „legal” to simply write a will by hand. The short answer to this question is yes, but there are a few precautions to take before doing so.

If a handwritten will is not recognized by the state and there is no other legally executed will, the estate could fall under your intestate inheritance laws. States may have different requirements. For example, North Carolina law requires that a holograph will be found „among the documents or securities of the testator” or in a place where the testator has kept it for custody. When Aretha Franklin died in 2018, her family and lawyer initially thought she had died without a will. But earlier this year, three handwritten wills were found at Franklin`s home in Detroit. Two from 2010 were locked in a closet and one from 2014 was found hidden under a sofa cushion. Franklin`s attorney filed the wills in probate court without knowing whether they were legal under Michigan law. One of Franklin`s sons questioned whether she had actually written the wills and convinced the probate judge to allow a handwriting expert to examine the documents to verify that the handwriting was Franklin`s. It seems that the battle for Franklin`s estate, which would be valued at $80 million, is just beginning. Other common requirements for a valid holograph will include: Simply put, you can create a handwritten document exclusively in your own handwriting and have it signed by you, which can serve as a will. It is important to note that no part of the document can be typed and no witness or notary is required.

This type of will is best reserved for simple general bequests of a person`s entire estate, but as mentioned earlier, there are drawbacks to this type of will. You may have wondered if you need the help of a lawyer or if, like Aretha Franklin, you can simply write your wishes on a piece of paper. About half of all states allow a handwritten will as long as it meets certain requirements. But even if a handwritten will is legal, is it advisable to rely on a will? Conclusion: A handwritten will can raise many legal issues, but they may be valid depending on the circumstances. To learn more about wills, read FindLaw`s free guide to writing a will and click on the links below. The requirement that wills bear the signatures of witnesses exists to assist probate courts.