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Does a handwritten will hold up in court?

Mar 30

Yes, this is what's called a holographic will and a holographic will is a will that the individual does in their very own handwriting and afterwards signs it and dates it near the bottom or dates it at the top and also signs at the bottom, whichever they do. A handwritten Last Will should absolutely be in the individual's handwriting. A handwritten will can not be handwritten out by someone else and then executed by the decedent or your loved one. And also I'm sure you can see why, due to the fact that if someone gets on their deathbed, you don't want a third party you don't really want an unethical relative to go in there and handwrite a last will that gives them the whole estate and after that they have individual that's dying. They have them sign their signature near the bottom. You can see all things that are wrong with that said. Initially, it's a criminal, right? A dangerous family member has shown up. They have actually granted themselves every thing and they have actually possibly required or unbeknownst to the person who's passing away, had them sign something that they clearly were unable to read through or that they maybe didn't even understand about. If you're going to utilize an in writing or a holographic will, it has to remain in the handwriting of the individual who is passing away. And also it really has to be signed as well as dated by that person. As well as there are a wide range of standards depending on where your territory is. But it's really essential to recognize that a handwritten last will and testament is actually a very effective legal document as long as it is carried out properly in the person's own handwriting, dated and executed. Like I stated, that does not mean that somebody else can handwrite it. It additionally does not mean that someone else can type it up and afterwards have the individual sign it. It should absolutely be 100% in their very own handwriting if it is a typed up legal document, then you have to want to your particular district in your state or whatever jurisdiction you find yourself in to the laws on typed last will and testament. Which is a completely different document and normally requires witnesses and notary publics to be there and also independent witnesses. More information: https://sites.google.com/view/oklahomacityprobateattorney/home

 

Can a written last will and testament hold up in court?

The answer is yes, as long as it's done appropriately, as long as there is no undue pressure, and as long as there is no fraud. As generally, check with your jurisdiction as well as an estate planning attorney near you to see to it that holographic or handwritten will is done appropriately. More information.

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Cortes Law Firm

5801 Broadway Extension Hwy Suite 110

Oklahoma City, OK, 73118

405-213-0856

 

This article is for educational and informational purposes only, and is not legal advice. If you have a legal issue, then immediately contact an estate planning attorney or probate attorney in your jurisdiction.