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What is a holographic will?
A holographic Will is one that is written by hand, not typed or created on a computer or word processor. These Wills are only valid in a few states, so make sure that holographic Wills are allowed in yours before you consider using one. Even in the few states that allow you to use a holographic Will, there may be very specific requirements. For example, California requires that all sections of the Will that are necessary to make the Will valid must be written entirely by hand, and that the person writing the Will must sign it. If these state rules aren’t followed, the holographic Will won’t be valid.
Sometimes a holographic Will is better than no Will at all, sometimes it is not. If the person writing the Will doesn’t know how to write a Will and leaves out important language, or if the holographic Will creates an ambiguity or an unintended result, then the property might end up going to the wrong person. If the person’s property would have gone to family members under the state laws that cover property when there’s no Will (“intestate succession”), having no Will might have achieved a result closer to the Will writer’s real intentions. See [will form reviews] for information about products that can help you draft a valid will for a simple estate. |
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