Legal Definitions - holograph

A holograph refers to any document that is written entirely by hand by its author. This means the individual who created the document personally penned every word of its content.

In many legal systems, particularly concerning important documents like wills, a document may still be considered a holograph even if it's not *completely* handwritten. This often applies when only the essential or "material provisions" – the critical instructions or terms – are in the author's own handwriting, especially when using a pre-printed form where the blanks are filled in by hand.

• Example 1: Emergency Will

  Imagine a person on a remote expedition who suffers a sudden, life-threatening injury. Realizing their situation, they quickly grab a notebook and pen, and in their own handwriting, write out their final wishes regarding their property, naming beneficiaries and an executor. They sign and date it.

  Explanation: This document would be considered a holograph because the entire text, including the crucial instructions for asset distribution and the signature, is in the author's own handwriting. Its validity as a will would then depend on meeting other legal requirements, but its form is holographic.

• Example 2: Handwritten Contract Amendment

  Two business partners have a lengthy, typed contract for their joint venture. Several months into their agreement, they decide to modify a specific clause regarding profit sharing. Instead of reprinting the entire contract, one partner handwrites the new, agreed-upon profit-sharing terms directly onto the existing printed contract, and both partners initial the handwritten change.

  Explanation: While the original contract is typed, the handwritten amendment itself, containing the critical new terms and penned by one of the parties, could be considered a holographic modification. This illustrates how even a part of a document, if it contains the essential provisions and is handwritten, can qualify.

• Example 3: Personal Declaration of Gift

  An elderly individual wants to make an immediate, significant gift of a valuable antique to their grandchild. To ensure there's a clear record of their intent, they write a detailed letter stating their desire to gift the item, describing it, and explicitly transferring ownership to their grandchild. They sign and date the letter.

  Explanation: This letter serves as a holograph because the entire declaration of the gift, including the specific details of the item and the transfer of ownership, is written by the individual making the gift. This personal, handwritten record clearly expresses their intent.