Friday, October 10, 2008

Holographic Wills

A holographic will is one in the testator's own handwriting that does not comply with the normal statutory requirements for a will (such as having two witnesses). Here is California's provision for holographic wills:
A will that does not comply with Section 6110 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.
California Probate Code Section 6111. The majority of states recognize holographic wills; however, a minority including Florida do not. See whether your state accepts holographic wills.

Personally, I just don't see the point to holographic wills in the age of the internet. In bygone days, it was a way for people of modest means to make a simple declaration of intention for disposition of their assets on death. But purchasing a will online for less than $20, to my mind, is a much better solution for a simple will than attempting to write out in one's own handwriting a valid and comprehensible document. Printed forms, especially interactive online forms, stand a better chance of correctly expressing the desire of the testator than a document completely in the individual's own handwriting. Why? Without the aid of a computer program and template language, the testator attempting to draft his or her own will might encounter difficulty plainly organizing beneficiaries designations.

In these difficult financial times, one can only expect more individuals to be seeking alternatives to expending money to pay lawyers. My suggestion is to look for a legal forms company that has been in business for several years. Check the BBB for complaints. Also, look for samples of the product online before purchase.

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