The idea of handwriting your own will might seem appealingly traditional. Still, these “holographic wills” can create unexpected challenges in probate court. It is essential to examine the potential drawbacks of this approach when exploring your estate planning options.
What are holographic wills?
A holographic will, put simply, lets you handwrite your wishes for your estate after your death. Unlike formal wills, holographic wills do not require witnesses. This might seem convenient if you want to quickly jot down your intentions.
In California, courts may consider a holographic will valid as long as the signature and material provisions are in the testator’s handwriting. The will needs to clearly express the testator’s intention for distributing their estate.
Why are holographic wills risky?
Though they appear simple, holographic wills often create issues during probate, the legal process of distributing an estate. Here’s why:
- Ambiguity: Handwritten wills may contain vague or conflicting instructions, leading to disputes among beneficiaries.
- Incomplete information: Essential details about asset distribution or executor appointment might be missing.
- Lack of witnesses: The court may question the will’s validity without witnesses to verify its authenticity.
- Outdated information: Holographic wills may not reflect recent changes in the testator’s life or assets.
- Improper execution: Failure to meet legal requirements can render the will invalid.
Probate courts closely examine handwritten wills. Courts aim to ensure that these types of wills meet legal standards and reflect the person’s true wishes. This process can be time-consuming and expensive for your beneficiaries.
To avoid these potential pitfalls, reach out to a qualified attorney today to start your estate planning journey on the right foot. Your loved ones will benefit from this essential step to secure their future.