Holographic Will

Holographic Will

Holographic Will

Requirements typically include that material provisions be in the testator's handwriting and that the document be signed. Some states require the entire document be handwritten while others permit printed portions.

Roughly half the states recognize holographic wills.

Alternative Names:

Handwritten Will|Olographic Will

Why it Matters?

Testamentary intent is the recurring dispute, since informal handwritten documents including letters and notes may or may not have been intended as a will, and courts examine whether the language directs disposition at death rather than expressing wishes. Recognition also varies, and a holographic will valid where executed may be honored in a non-recognizing state under a savings statute, which is worth confirming rather than assuming invalidity.

Frequently Confused with

Related terms

Frequently asked questions

What is the recurring dispute?

What is the recurring dispute?

Testamentary intent, since informal handwritten documents may express wishes rather than direct disposition at death.

Are out-of-state holographic wills honored?

Are out-of-state holographic wills honored?

Frequently, under savings statutes recognizing wills valid where executed.