Legal Definitions - holographic will

A holographic will is a type of last will and testament that is written entirely, or in some cases, substantially, in the handwriting of the person making the will (known as the testator). What makes a holographic will distinct from a typical will is that it generally does not require witnesses to be present during its creation or signing for it to be legally valid.

The specific rules for creating a valid holographic will vary significantly by state or jurisdiction. Some states require the entire document to be handwritten by the testator, while others may only require the material provisions and the signature to be in their handwriting. It's also important to note that not all states recognize holographic wills, and some only do so under very specific circumstances, such as for military personnel in active service.

Here are some examples to illustrate the concept of a holographic will:

• Example 1: The Isolated Explorer

  Imagine an adventurer on a solo expedition in a remote wilderness. Suddenly, they suffer a serious accident and realize their life is in peril. Unable to contact anyone or find witnesses, they pull out a notebook and a pen, writing down their final wishes for their assets and personal belongings, signing and dating the document. If this adventurer were to pass away, this handwritten document, created entirely in their own hand without any witnesses, could potentially be recognized as a holographic will in a state that permits them, allowing their estate to be distributed according to their last wishes.

• Example 2: The Private Collector

  Consider an elderly art collector who lives a very private life and prefers to handle all personal matters independently. They decide to draft their will themselves, meticulously writing out all the details of who should inherit their valuable art collection, their home, and other assets. They sign and date the document, ensuring every word is in their distinctive handwriting, without involving any friends, family, or legal professionals as witnesses. In a jurisdiction that recognizes holographic wills, this document, because it is fully handwritten and signed by the testator, could be deemed a valid will, reflecting their desire for a private and personal approach to estate planning.

• Example 3: The Deployed Service Member

  A soldier deployed in a combat zone, facing unpredictable and dangerous circumstances, wants to ensure their affairs are in order. Access to legal services or witnesses might be severely limited. The soldier writes a detailed letter to their family, clearly stating their wishes regarding their bank accounts, personal effects, and who should care for their pet. They sign and date the letter. In some states, particularly those with special provisions for military personnel, this letter, if entirely in the soldier's handwriting and expressing testamentary intent, could be accepted as a holographic will, providing a crucial means for them to express their final wishes when traditional will-making is impractical.