Legal Definitions - olograph

An olograph (also commonly spelled holograph) refers to a document, most frequently a will, that is written entirely in the handwriting of the person who created and signed it. In many legal systems, an olographic will is recognized as valid even without the usual requirement of witnesses, provided it meets other specific legal criteria for wills in that jurisdiction. The key characteristic is that every word, from beginning to end, including the signature, is penned by the testator's own hand.

• Example 1: The Handwritten Will

  An elderly author, known for her meticulous handwriting, decides to write her last will and testament herself. She carefully pens out all her wishes regarding her estate, including specific bequests to family members and charities, and signs it at the bottom, all in her own hand. She does not have any witnesses present when she writes it.

  This document would be considered an olograph because every part of it, from the introductory statement to the final signature, is written entirely by the author herself. If her jurisdiction recognizes olographic wills, this document could be legally valid despite the absence of witnesses.

• Example 2: The Emergency Codicil

  A business executive is on a remote expedition when he suddenly falls ill. Realizing the gravity of his situation, he quickly writes an amendment (a codicil) to his existing, formally prepared will on a piece of paper, detailing a new beneficiary for a specific asset. He dates and signs this amendment, ensuring every word is in his own handwriting, and places it with his important documents.

  This handwritten amendment qualifies as an olograph because it is entirely composed and signed by the executive himself. Should he pass away and his jurisdiction permits olographic codicils, this document could legally alter his original will, even without witness signatures.

• Example 3: The Soldier's Testament

  A soldier deployed overseas, facing uncertain circumstances, writes a letter to his family outlining how he wishes his modest possessions to be distributed if anything should happen to him. He writes the entire letter by hand, including his name and rank at the end, and mails it.

  This letter, if intended as a testamentary document and entirely handwritten by the soldier, could potentially be considered an olograph. Many jurisdictions have specific provisions for "soldiers' wills" or "nuncupative wills" that relax formalities, and an entirely handwritten document like this, demonstrating testamentary intent, would align with the characteristics of an olographic will.