While the term “holographic will” may sound cool and futuristic, it is actually quite simple. A holographic will is just a handwritten will that the individual writes and signs themselves. Although writing a quick will on your own may sound more appealing than going through the hassle of hiring a legal team and paying them to draft it, there are many cons associated with its use. Speak with a Hartford County probate attorney to discuss the different types of wills you can write and determine which is the best fit for you.
How Does a Holographic Will Work?
Holographic wills do not have to be notarized or witnessed. This can result in various issues down the line when the document has to be validated. There are a few requirements that a holographic will must meet including the following.
- The document must be entirely in your handwriting. Every word must be handwritten by you, the testator. If any part is typed or written by another party it may not be accepted.
- You must also clearly state the intention of the document. You can do this by writing something like “This is my last will and testament” somewhere on the document.
- It should have generally the same components of any will. Make sure to name an executor and beneficiaries as well as detail your assets and wishes.
- Make sure to sign and date the document in your own handwriting. Without your signature, the will is not valid.
Even if your holographic will meets all of the requirements there is a chance it will not be accepted. Some states do not recognize wills as valid unless they are notarized and some only accept holographic wills if they are written by a member of the Armed Forces.
Should I Use a Holographic Will?
It is highly recommended that you do not use a holographic will. There are many drawbacks to its use and it can create issues later on. The pros and cons of using a holographic will are as follows.
Pros:
- It can be done quickly if needed
- It does not require a lawyer
- It does not require a notary or witness
Cons:
- It is not recognized in some states
- It cannot be easily altered
- It can be difficult to locate
- It is more likely to be contested during probate
- If proper legal terms are not used the will may be adjusted according to how the judge interprets the information
- It can take a long time to verify the validity of the handwriting and signature
The cons far outweigh the pros when it comes to using a holographic will. Unless there is an emergency and you must draft the will that very second, it is important to go through the proper channels and acquire help from a skilled attorney.
If you have the ability to create a will with the help of an attorney you should do so. It will make the legal process more efficient for your family later on. Contact an experienced probate lawyer to discuss your options.
