Who still uses Holographic Wills?
Posted By Renee E. Linares on Aug 26, 2010 10:59am PDT
Who uses holographic wi
llsanymore? Well, more people than you would think. Not everyone has the resources to hire an attorney to draft a will. Therefore, you may still come across handwritten or holographic wills. A holographic will is defined as an unwitnessed will that is written in the handwriting of the testator. Black's Law Dictionary (5th e. 1979) at 659.
California actually has a fairly liberal view regarding holographic wills. California only requires that a holographic will contain the "signature and material provisions" in the testator's handwriting which is signed by the testator. California Probate Code section 6111(a). Often times holographic wills are informal and this does not invalidate the will. In terms of content, the holographic will should describe or makes reference to the property which is to be disposed of and the testator must have intended to dispose of property. However, if the holographic will was executed prior to January 1, 1983 there may be more stringent formalities required. Regardless of the date you should consult with a California probate attorney to review a holographic will.