A holographic will is a will handwritten by the testator. While this type of “do-it-yourself” will may sound appealing, many states do not recognize holographic wills because they are very prone to mistakes. In order for a holographic will to be valid in California, it must meet the following minimum requirements:
1. Testator must be at least 18 years of age and have had capacity at the time of the writing and signing;
2. Material provisions and signature must be in the testator’s own handwriting; and,
3. The document must state intent that this be the testator’s last will and testament.
The date is not required to be included, but it is highly recommended to serve as a good indication of when the will was executed. Also notice that while witnesses are not required, they may be able to assist in proving that the holographic will is truly in the testator’s own handwriting.
Holographic wills create their own host of problems ranging from a court’s potential need to hear testimony from people that knew the testator in order to ascertain if the provisions of the holographic will are something the testator would have wanted, to the invalidity of all or a portion of the will due to the writing being deemed illegible.
In the simplest terms, holographic wills are far from reliable in ensuring your estate will be administered according to your wishes. To guarantee that your wishes be carried out upon your passing, it is best to form a traditional will or trust with an experienced attorney. Call Tresp Law, APC today at (858) 248-2779 to schedule your consultation and begin planning for your future.
