Does a handwritten will stand up in court?

Yes, this is what's called a holographic will and a holographic will is a will that the individual carries out in their own handwriting and then signs it and also dates it at the bottom or dates it on top and signs near the bottom, whichever they do. A handwritten Last Will & Testament has to absolutely be in the person's handwriting. A handwritten will can not be transcribed out by somebody else and afterwards signed by the decedent or your loved one. And also I'm sure you can see why, because if somebody gets on their deathbed, you do not want a third person you do not really want an unethical relative to go in there and handwrite a last will & testament that gives them the whole estate and afterwards they have person who's dying. They have them endorse their signature at the bottom. You can see all the important things that are wrong with that said. Initially, it's a bad actor, right? A dangerous relative has shown up. They have granted themselves the whole thing and they have actually possibly forced or unbeknownst to the individual that's passing away, had them sign something that they plainly were unable to review or that they perhaps didn't even know about. If you're going to make use of a handwritten or a holographic will, it has to remain in the handwriting of the person who is dying. As well as it in fact has to be executed and also dated by that individual. As well as there are different laws depending upon where your territory is. But it's truly vital to know that a handwritten last will and testament is really a really powerful legal document as long as it is executed correctly in the person's own handwriting, dated and also executed. Like I stated, that does not suggest that somebody else can handwrite it. It likewise does not imply that somebody else can type it up and afterwards have the individual sign it. It must absolutely be 100% in their very own handwriting if it is a typed up paper, after that you have to want to your specific jurisdiction 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 usually calls for witnesses and also notary publics to be there and independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

Can a written last will and testament stand up in court?

The truth is yes, as long as it's done correctly, as long as there is no undue pressure, and also as long as there is no fraud. As always, consult your territory and also an estate planning attorney near you to see to it that holographic or handwritten will is done correctly. 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.