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 performs in their very own handwriting and afterwards signs it as well as dates it at the bottom or dates it on top as well as signs his signature near the bottom, whichever they do. A handwritten will has to absolutely remain in the person's handwriting. A handwritten will can not be transcribed out by somebody else and after that executed by the decedent or your loved one. And I'm sure you can see why, because if somebody is on their deathbed, you do not really want a third party you do not want a deceitful relative to go in there and also handwrite a will that gives them the entire estate and then they have person that's passing away. They have them sign their signature near the bottom. You can see all the important things that are wrong with that. Initially, it's a criminal, right? A dangerous loved one has actually come in. They have granted themselves the whole thing and they have possibly compelled or unbeknownst to the person who's passing away, had them execute something that they plainly were unable to read or that they perhaps really did not perhaps even find out about. If you're going to use an in writing or a holographic will, it has to be in the handwriting of the individual that is passing away. As well as it actually has to be signed and dated by that person. And there are different laws depending upon where your jurisdiction is. But it's really vital to know that a handwritten last will and testament is actually a very effective legal document as long as it is executed appropriately in the person's own handwriting, dated and executed. Like I stated, that does not indicate that somebody else can handwrite it. It also does not indicate that somebody else can type it up and then have the person sign it. It has to absolutely be 100% in their own handwriting if it is a typed up legal document, then you have to seek to your particular jurisdiction in your state or whatever territory you're in to the policies on typed last will and testament. Which is a completely different document and typically requires 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 truth is yes, as long as it's done properly, as long as there is no undue influence, and as long as there is no fraud. As generally, get in touch with 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.