A holographic will is a handwritten will created in emergency situations where death is imminent and no other will exists. Recognition of holographic wills varies by jurisdiction, with some requiring specific requirements to be met for validity. Even if not recognized in a particular jurisdiction, exceptions may be made under foreign wills law.
A holographic will is a type of will and testament that is written by hand instead of being drafted using a typewriter or computer. Holographic wills are typically created in situations where death is imminent and another will does not exist. For example, a woman on her deathbed may handwrite a will or a soldier going into battle may decide to create a holographic will. The recognition of hologram wills varies widely from jurisdiction to jurisdiction.
Holographic wills are invalid in some jurisdictions, and invalid holographic wills are usually thrown out by a probate court. In some emergency circumstances, however, a court may decide to recognize a holographic will. For example, some courts recognize holographic wills written by military personnel or sailors. Usually, however, these wills are only valid for a certain amount of time.
Even in jurisdictions that recognize holographic wills, specific requirements typically need to be met for the will to be deemed valid. Usually, a holographic will must be signed by the testator, which is a term used to describe the person who created the will. In some jurisdictions, a will must be written entirely by hand. This means that if the will is partly typed and partly handwritten, it could be deemed invalid. Other jurisdictions require only the material parts of the will to be handwritten.
Some probate courts require a handwritten will to contain evidence that the testator intended to distribute his assets to heirs or beneficiaries. Additionally, the signing of the will generally needs to be witnessed, just as with a regular will. Many courts also require proof that the will was actually written by the testator. Witnesses or writing specialists may be called to testify to the validity of the will’s creation.
Most jurisdictions require the testator to have some level of expertise when writing a holographic will. A will written by a dying person who is no longer sane, for example, may be considered invalid. In general, courts assume that the testator had sufficient capacity to create a will unless evidence proves otherwise.
Even if a particular court does not recognize a holographic will, it may make an exception under a foreign wills law. Essentially, these jurisdictions recognize a holographic will made in another jurisdiction if the will would have been valid in that jurisdiction. For example, suppose a holographic will is made in Area A and Area A recognizes holographic wills. Suppose then that the will is probated in Area B, a jurisdiction that does not recognize holographic wills but has adopted a foreign law on wills. Area B would then accept the will as valid.
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