Holographic Will
An unwitnessed handwritten will. A few states allow such documents to be admitted to probate, but most courts are very reluctant to accept them. | ||||
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Holographic Will definition was found in categories: Business & Finance(1) Encyclopedia(1)
Holographic Will Definition from Business & Finance Dictionaries & Glossaries
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Holographic Will
A will entirely in the handwriting of the testator.
A will entirely in the handwriting of the testator.
Holographic Will Definition from Encyclopedia Dictionaries & Glossaries
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Holographic will
A holographic will is a will and testament that has been entirely handwritten and signed by the testator. Normally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdictions, unwitnessed holographic wills are treated as valid as witnessed wills and need only to meet minimal requirements in order to be probated:
- There must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods.
- The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.
- The testator must be expressing a wish to direct the distribution of his estate to beneficiaries.
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