Last wills and testaments must satisfy very specific rules set out in state law. Wills may not be valid if they do not meet these formal requirements for wills. Most estate planning attorneys follow a set procedure to execute a will to ensure it will meet these requirements. While satisfying the requirements is the general rule, there is an exception to this rule. Holographic wills may be valid even if they do not meet some of the formal requirements for valid wills.

A holographic will is one that is written out by the decedent’s own hand. In other words, a holographic will is one that is penned by the decedent rather than typewritten.

About half of the states currently accept holographic wills. These states do impose limitations on what holographic wills they accept. The Uniform Probate Code, which has been adopted by many states, provides an example of the laws enacted by these states.

According to the UPC, a holographic will can be valid even if it is not witnessed by third parties. The holographic will must still be signed by the decedent and the material portions of the document must be in the decedent’s own handwriting.

Several states that recognize holographic wills require the will be written entirely by the decedent’s own hand. Thus, typed or printed matter found on the holographic will instrument may invalidate the entire will.

A few of these states require that a holographic will be dated. This usually means a full date consisting of the day, month, and year. An undated instrument will fail in these states even if there is no other inconsistent testamentary instrument.

In almost all states permitting holographic wills, the will may be signed at the end, at the beginning, or anywhere on the will. Yet, if it is not signed at the end of the document then there may be doubt as to whether the decedent intended his name to be a signature.

Courts try to discern the decedent’s intent when examining holographic wills. The courts can even look to portions of the document that are not in the decedent’s handwriting to determine the decedent’s intent.

A common scenario involving a holographic will is whether a letter sent by the decedent which attempts to dispose of his property on his death is to be treated as a holographic will. As you can see, there may be a number of documents that may qualify as holographic wills.

Having considered the will formalities and the holographic will exception, we can now consider how to revoke a valid will. Let’s consider how to revoke a will now.