March 28

Does a hand written will hold up in court

Cortes Law Firm Oklahoma City Estate Planning Attorney

Does a Holographic Will hold up in court?

 Yes, this is what's called a holographic Will. And a holographic will is a will that the person does in their own handwriting and then signs it and dates it at the bottom or dates it at the top and signs at the bottom, whichever they do, a handwritten will must absolutely be in the person's handwriting. A handwritten will cannot be handwritten out by somebody else. And then signed by the decedent or that your loved one. And I'm sure you can see why, because if somebody is on their deathbed, you don't want a third party. You don't want an unscrupulous relative to go in there and handwrite a will that gives them the entire estate. And then they have person who's dying. They have them sign their signature at the bottom. You can see all the things that are wrong with that.

Bad Actors

 First, it's a bad actor, right? A bad relative has come in. They have given themselves everything. And they have probably forced or unbeknownst to the person who's dying, had them sign something that they clearly were not able to read or that they maybe didn't even know about. If you're going to use a handwritten or a holographic will, it has to be in the handwriting of the person who is dying and it actually has to be signed and dated by that person. And there are different rules depending on where your jurisdiction is. But it's really important to know that a handwritten last will and testament is actually a very powerful document as long as it is executed correctly in the person's own handwriting, dated and signed. Like I said, that does not mean that somebody else can handwrite it. It also does not mean that somebody else can type it up and then have the person sign. It must absolutely be 100% in their own handwriting.

If it is typed?

If it is a typed up document, then you have to look to your particular jurisdiction in your state or whatever jurisdiction you're in to the rules on typed last will and testament, and that is a completely different animal and usually requires witnesses and notary publics to be there and independent witnesses. Can a handwritten last will and testament hold up in court? The answer is yes. 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, check with your jurisdiction and an estate planning attorney near you to make sure that holographic or handwritten will is done correctly. 

Estate Planning

I know I've thrown a lot at you today, so that's why we've prepared our free guide on estate planning. I'll put a link to it in the description below and in the comment section below that so that you can download it and get started in the right direction and to help you out even more. Watch this video up here and this video up here. If you enjoy this video, then guys please smash that subscribe button and click on the like button and also click on that little bell so you'll get notified every time we post a new video. Have a great day and an awesome week. And as always, thanks for watching.

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Cortes Law Firm

5801 Broadway Extension Hwy Suite 110

Oklahoma City, OK, 73118



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