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Simple English definitions for legal terms
olographic will
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A quick definition of olographic will:
Term: Olographic Will
Definition: An olographic will is a handwritten will that is signed and dated by the person making the will. It is not witnessed or notarized by a third party. In Louisiana, this type of will can also be used to create a trust. The benefit of an olographic will is that anyone can create one without needing a lawyer. However, it must be proven that the will was written by the person who passed away and that they intended for it to be their last will and testament.
A more thorough explanation:
An olographic will is a type of will that is handwritten, signed, and dated by the testator alone. It is typically unattested and unnotarized, meaning that no third party witnessed the signing of the will or formally established its authenticity. In Louisiana, an olographic will is equivalent to a holographic will.
For example, if someone in Louisiana writes out their own will by hand, signs and dates it, and does not have any witnesses or notarization, it would be considered an olographic will.
The benefit of an olographic will is that any individual can create one without requiring legal representation. However, in probate proceedings, the will must withstand scrutiny against efforts to disprove that it was indeed written by the decedent and not by some other party, as well as that the testator intended that this particular document serve as a last will and testament.
One example of an olographic will case is the Succession of Payne, where the court upheld the validity of an olographic will that was written by the decedent and met the requirements for a valid will in Louisiana.