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What Allows Holographic Wills to be Considered Valid?

01/06/2023 | Wills

As a Californian resident who is contemplating creating a holographic will, it is important for you to know the proper steps to take so that your will is considered valid. We at the Law Offices of Alice A. Salvo are here to help you proceed in the safest and quickest manner.

There are several key pieces that must be in place in order for a holographic will to be considered valid. First of all, you must be sure that the document you are creating is undeniably intended to be a will. There can’t be any question as to whether or not you were in sound mind when you created it either, and there must also be evidence that you are indeed the testator (or the person for whom the will is written).

For holographic wills, you can use a prewritten form and simply fill in the blanks. Regardless of how you write it, the handwriting on everything must be your own. The entire will must be handwritten by you, not just the signature.

It should be noted that holographic wills don’t have to be dated, but it is still highly suggested that you date them especially if you have more than one. This allows courts to follow the most recent will and discard the older one.

Finally, though witnesses are not necessary, you may still want to have them. This way, you have someone to testify in your favor if anyone contests your will.

If you have more questions about holographic wills or wills in general, consider taking a look at our web page, linked here. You can also talk to our experienced attorneys to learn more about the process of drafting a will.