Are Handwritten Wills Valid in any Circumstance?
Creating a will is a responsible and important step towards ensuring that your assets and property get distributed according to your wishes after your passing. However, thinking about life after you’re gone can feel overwhelming. And estate planning isn’t something most individuals feel comfortable discussing. Yet, estate planning is necessary to protect your loved ones and provide peace of mind.
Creating a will is one of the ways you can protect your assets and your loved ones after your death. Can you just write a will on a piece of paper, and is that good enough? Or do you need a more formal will and estate planning documents?
What is a Will?
A will is a legal document that outlines how the courts will distribute a person’s assets and property after death.
There are two types of wills: formal and informal. Formal wills are written by an attorney, signed in the presence of witnesses, and sometimes notarized. Informal wills, also known as holographic wills, are written entirely in the handwriting of the person making the will and do not require witnesses or notarization.
What is the Legal Requirement for the Validity of Handwritten Wills
Some states consider informal wills valid, but their validity varies by jurisdiction. For this reason, it is best to seek legal guidance from an experienced estate planning attorney. Your lawyer will understand your state’s requirements and laws regarding handwritten wills.
For example, holographic or handwritten wills are valid in Nevada, California, and Utah. However, the will must meet specific requirements. Your handwritten will should include the following:
- Your full name, as well as any other names you have used,
- Where you live
- State that the document is your will
- Your marital status
- The name of your spouse and all your children, including those alive, deceased, and adopted.
- You must name a personal representative
- You should designate a guardian for any minor children
- You must specify a division of your property to your heirs.
- You must date and sign the will.
You must sign and write the will in your own handwriting for it to be valid. This includes the signature at the bottom of your will.
Even when you follow all the necessary steps, the validity of a holographic will may still get challenged. Therefore, seek the advice of an estate planning attorney to ensure that the will is executed correctly and meets all state requirements.
What are the Disadvantages of Handwritten Wills
While many people believe that a handwritten will is easier and more cost-effective, the truth is that it is not. Many handwritten wills get contested in court. When a will gets contested, family members must endure an expensive, lengthy, drawn-out court battle with other heirs.
There are several disadvantages of a handwritten will, including:
- Legibility: If the handwriting is difficult to read, it may cause confusion and misunderstandings.
- Witness requirements: In many jurisdictions, you must have someone witness your handwritten will.
- Lack of legal formalities: Handwritten wills often lack the legal formalities required for a will to be considered valid.
- Potential for errors: Handwritten wills are often subject to errors, omissions, and inconsistencies, which can lead to disputes and challenges to the will’s validity.
- Lack of ease of amendment: Handwritten wills cannot be easily amended, which may make it difficult to make changes to the will as circumstances change.
- Potential for forgery: Handwritten wills are vulnerable to forgery, which can lead to disputes and challenges to the will’s validity.
For these reasons, it is best to consult with an estate planning attorney when creating a will. Your attorney can guide you through the process and protect what you value most.
Why Should You Choose to Draft a Formal Will?
Drafting a formal will can reduce the risk of the will getting challenged in court. A formal will can help protect your interests and your beneficiaries by reducing the risk of disputes over the distribution of assets and property. If you want your wishes to get carried out after your death, drafting a formal will is the best way to do this.
When an attorney drafts a formal will, they write it in a clear and organized manner. This helps ensure that the will is easy to understand and that the instructions get carried out according to the testator’s wishes.
Your estate planning attorney will understand the legal requirements and procedures in creating a will. They can provide valuable advice and guidance to help ensure that the will meets all necessary requirements and reflects the testator’s wishes.
Formal wills have a level of professionalism and credibility that handwritten wills may lack. Knowing that the will was created legally can provide you and your beneficiaries with peace of mind.
Ultimately, the choice between drafting a formal will or writing one yourself is yours to make. However, you can avoid unnecessary legal battles and anguish for your loved ones by making a formal will now.
Are You Looking for an Estate Planning Attorney?
If you are looking for an estate planning attorney in Nevada, California, or Utah, call John Park Law. Our experienced estate planning law firm can help you draft a will and look ahead to the future through careful estate planning. We know that your family and your situation are unique. That’s why we meet with you personally to help you learn more about your individual options. Call us today for a consultation and review, or fill out our confidential contact form.
John Park is a highly experienced attorney in estate planning, probate, business law and guardianship to help people organize the elements of their lives through careful estate planning and asset protection measures.