Holographic wills are a unique type of will that are handwritten and signed by the testator (the person making the will). Unlike traditional wills, holographic wills do not typically require witnesses or formalities, making them a convenient option in certain circumstances. However, the validity of holographic wills can vary by jurisdiction, so it’s essential to understand their use cases and legal implications. Below are three practical examples of what a holographic will may look like in real-life scenarios.
In a situation where an individual is diagnosed with a terminal illness and wants to quickly arrange their estate, they might choose to create a holographic will. This type of will allows for immediate expression of their final wishes without the need for formal legal assistance.
John, a 55-year-old man, received unfortunate news about his health and wanted to ensure his assets were distributed according to his wishes. He wrote the following:
“I, John Smith, being of sound mind, declare this to be my last will. I leave my house at 123 Maple Street to my daughter, Emily. I give my car to my son, Tom. All other assets should be divided equally between my children. Signed, John Smith, 10/15/2023.”
In this case, John’s handwritten note serves as a valid holographic will since it expresses his intentions clearly and is signed and dated by him.
A business traveler who frequently moves from state to state may decide to write a holographic will while away from home, especially if they have concerns about their safety during a trip.
Samantha, a 40-year-old entrepreneur, is on a business trip abroad and feels the need to secure her estate. She quickly scribbles down her wishes:
“This is my will. I, Samantha Lee, leave all my business assets to my partner, Mark. My personal belongings should go to my sister, Karen. In case of my death, I wish for my funeral to be simple and without extravagance. Signed, Samantha Lee, 09/30/2023.”
Samantha’s handwritten document reflects her intentions clearly and has the potential to be recognized as a valid holographic will.
An elderly person who is unable to visit a lawyer due to mobility issues may decide to write a holographic will at home to ensure their estate is handled according to their wishes.
Evelyn, an 82-year-old widow, knows her time may be limited and wants to ensure her estate is distributed fairly. She writes:
“I, Evelyn Carter, make this will on my own. I leave my jewelry to my granddaughter, Lisa. My savings should be divided among my three children: Bob, Carol, and Dave. I wish to be cremated and my ashes scattered in the garden. Signed, Evelyn Carter, 08/01/2023.”
Evelyn’s handwritten will is a clear expression of her last wishes, fitting the criteria for a holographic will.