Whether you know a lot, or a little, about estate planning, there’s a concept that can come as a surprise: the holographic will. Clear Counsel Law Group highlights the simplicity and potential pitfalls of this type of will, providing insight for anyone considering their estate planning options.
What is a Holographic Will?
A holographic will is legal jargon for a handwritten will. Contrary to what many might believe, a will doesn’t require any specific forms, paper, or even legal terms to be considered valid. In Nevada, for example, you can write a will on anything – a grocery store receipt, a letter, or even the back of a cocktail napkin. The informal presentation often leads to disbelief, regardless, these artifacts remain valid forms for a will under certain conditions.
There are only three requirements for a holographic will to be considered valid in Nevada.
- Handwritten: The will must be entirely in your handwriting. This personal touch is what makes it holographic.
- Dated: It must have a date written on it.
- Signed: You need to sign the will.
These simple requirements make a holographic will an accessible option for many, but they also open the door to potential issues.
An Illustrative Case
A striking example involves a man who, while attending his mother’s funeral in Oklahoma, wrote a letter to his girlfriend on hotel stationery. He expressed his wish to leave everything to her, effectively disinheriting his children and other relatives. This letter, written on a simple piece of hotel stationery, was later upheld as a valid will. Check out this entry for a comprehensive look at the decision that drove this case.
No Witnesses or Notarization Required
Interestingly, a holographic will in Nevada doesn’t require witnesses or notarization. This sets it apart from other types of wills, which often need these formalities. It’s a unique aspect that contributes to the simplicity of holographic wills.
Despite that simplicity, the holographic will can lead to complications. For example, if someone types a will on a computer and signs it without witnesses, it wouldn’t be valid in Nevada. The entire will, especially the material provisions, must be in the individual’s handwriting. Even something like an opening statement in your handwriting stating the rest of the will would be dictated to a second person would be invalid as a holographic will (though a perfectly valid will if notarized by a third party).
Legally Viable, Social Challenging
While holographic wills are legally valid and can be appealing due to their simplicity, estate planning attorneys typically advise against them. They frequently lead to disputes and confusion, especially because of their informal elements and emotional turmoil that surprises can cause. Because of these factors, holographic wills can result in lengthy legal battles. The best practice is always to consult with a attorney and get a formal will drafted.
The concept of a holographic will demonstrates that estate planning doesn’t always require intricate legal procedures. However, the simplicity of a holographic will should be weighed against the potential for future disputes and misunderstandings. While it’s not a bad idea to write your will on a napkin, consulting with an estate planning attorney for a more formal approach is often the safer and more advisable route.