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 own handwriting and then signs it and dates it near the bottom or dates it on top as well as signs his signature near the bottom, whichever they do. A handwritten Last Will & Testament should completely remain in the person's handwriting. A handwritten will can not be handwritten out by somebody else and afterwards 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 really want a third party you do not really want a deceitful relative to go in there and also handwrite a last will and testament that provides the entire estate and then they have person who's passing away. They have them endorse their signature near the bottom. You can see all the important things that are wrong with that. Initially, it's a bad actor, right? A horrible relative has actually shown up. They have granted themselves every thing and they have actually possibly required or unbeknownst to the individual who's dying, had them sign something that they clearly were unable to read or that they perhaps really did not even know about. If you're really going to use an in writing or a holographic will, it needs to remain in the handwriting of the person that is dying. And it really has to be signed and also dated by that person. And also there are different policies being dependent on where your territory is. Yet it's actually essential to recognize that a handwritten last will and testament is really an extremely powerful legal document as long as it is performed correctly in the individual's own handwriting, dated as well as signed. Like I said, that does not imply that someone else can handwrite it. It likewise does not suggest that someone else can type it up and then have the individual execute it. It needs to definitely be 100% in their very own handwriting if it is a typed up paper, then you have to look to your specific district in your state or whatever territory you reside in to the laws on typed last will and testament. And that is a completely different animal 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 written last will and testament stand up in court?

The answer is absolutely, as long as it's done correctly, as long as there is no undue influence, and as long as there is no fraud. As always, talk to your territory as well as an estate planning attorney near you to see to it 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.