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Wills • Execution of Wills
WILLS#007
Legal Definition
A <holographic> will is a will or <codicil> that is entirely or partially handwritten. To be valid, the signature and all material provisions must be in the testator's handwriting, but there is no witness requirement.
As such, a valid holographic will may incorporate printed <boilerplate> (such as a commercially printed form will), so long as the material provisions—including the naming of executors and trustees, identification of bequests, declaration the instrument is a will, and date and signature—are in the testator's handwriting. The requisite testamentary intent can be shown by extrinsic evidence.
As such, a valid holographic will may incorporate printed <boilerplate> (such as a commercially printed form will), so long as the material provisions—including the naming of executors and trustees, identification of bequests, declaration the instrument is a will, and date and signature—are in the testator's handwriting. The requisite testamentary intent can be shown by extrinsic evidence.
Plain English Explanation
As you've learned in other cards, creating a valid will has a lot of requirements. Those requirements exist to try to balance out the risk of shenanigans that can happen when it comes to proving that a typed document really represents the intentions of a dead person. After all, many wills have things like pre-written boilerplates in them, and many folks simply download templates offline to use.
Needless to say, if a dead person hand writes a will, it can be a bit easier to verify that they intended every word in the will, since they diligently and painstakingly inscribed each letter of each word themselves. Sure, a witness would be nice, but it isn't required because the purpose of the witness is simply to provide an extra layer of verification that, arguably, isn't necessary for a holographic will.
Note that it's okay for a holographic will to include some boilerplate, typed provisions, but the material, core, super important parts of the will need to be in the dead person's handwriting.
Needless to say, if a dead person hand writes a will, it can be a bit easier to verify that they intended every word in the will, since they diligently and painstakingly inscribed each letter of each word themselves. Sure, a witness would be nice, but it isn't required because the purpose of the witness is simply to provide an extra layer of verification that, arguably, isn't necessary for a holographic will.
Note that it's okay for a holographic will to include some boilerplate, typed provisions, but the material, core, super important parts of the will need to be in the dead person's handwriting.
Hypothetical
Hypo 1: Bob writes a will by hand, naming Sam as the sole heir to his estate. He signs and dates the will. Result: This is a valid holographic will since all material provisions and the signature are in Bob's handwriting.
Hypo 2: Bob downloads a will template online, fills in the blanks, and writes in Sam as the sole beneficiary, signs and dates the document. Result: This is not a valid holographic will as the material provisions are not entirely in Bob's handwriting.
Hypo 3: Bob writes a will by hand, names Sam as the sole heir but forgets to sign it. Result: This is not a valid holographic will as it lacks Bob's signature, which is a critical requirement.
Hypo 4: Bob writes a will by hand, names Sam as the sole heir, signs and dates it, but also includes a typed clause from a pre-printed will form explaining the disbursement process. Result: This is a valid holographic will since the material provisions are in Bob's handwriting.
Hypo 5: Bob types a will, signs it, and has it witnessed by two neighbors, leaving everything to a charity. Later, Bob writes a handwritten codicil naming Sam as an additional beneficiary. Result: The codicil is a valid holographic document altering the original will, provided the material provision and signature are in Bob's handwriting.
Hypo 2: Bob downloads a will template online, fills in the blanks, and writes in Sam as the sole beneficiary, signs and dates the document. Result: This is not a valid holographic will as the material provisions are not entirely in Bob's handwriting.
Hypo 3: Bob writes a will by hand, names Sam as the sole heir but forgets to sign it. Result: This is not a valid holographic will as it lacks Bob's signature, which is a critical requirement.
Hypo 4: Bob writes a will by hand, names Sam as the sole heir, signs and dates it, but also includes a typed clause from a pre-printed will form explaining the disbursement process. Result: This is a valid holographic will since the material provisions are in Bob's handwriting.
Hypo 5: Bob types a will, signs it, and has it witnessed by two neighbors, leaving everything to a charity. Later, Bob writes a handwritten codicil naming Sam as an additional beneficiary. Result: The codicil is a valid holographic document altering the original will, provided the material provision and signature are in Bob's handwriting.
Related Concepts
In California, what are the requirements for a will to be admitted to probate?
What are the requirements of a formal attested will?
What is a conditional will and when is it probated?
What is an interested witness?
What is probate?
What is the consequence of having an interested witness?
What is the harmless error doctrine and what wills does it apply to?
