A Holographic Tale
Joann’s father just died and she is going through his old papers stuffed away in his desk and filing cabinet. Tucked away in the back of the bottom drawer, buried among old tax returns from the 1960s and utility bills from the 1970s, Joann finds an old, handwritten letter to Dad’s long-time girlfriend. Dad wrote the letter twenty years ago, and Joann enjoys the nostalgia of seeing her father’s handwriting again. Then, Joann re-reads the letter and the color flushes from her face as she begins to wonder if the letter means what she thinks it might:
5-15-95
5:00 a.m.
Dear Susie
I am on the way home from Mom’s funeral. Mom died from an auto accident so I thought I had better leave something in writing so that you Alberta Kelleher will receive my entire estate. I do not want my brother or my daughter or any of my other relations to have one penny of my estate. I plan on making a revocable trust at a later date. I think it’s the 15 of May, no calendar. I think it’s 5:00 a.m. Could be 7 a.m. in the City of Clinton, Oklahoma.
Lots of Love
Bill/s/ William E. Melton
AKA Bill Melton
Whoa! Did Dad really say that he wanted Joann to receive not even a penny of his estate?! This is just an old letter and it does not really mean anything, right? I mean, it was written on hotel stationery after all, not in a formal will prepared by an attorney. And Dad did not put it in his safe deposit box like an old 1975 will that was found. Surely there is no way that this will have any effect on how Dad’s property is to be distributed now that he has died, right?
Unfortunately for William Melton’s daughter and despite her (and other relatives’) arguments that it was just an old letter, not a will, not only did the Nevada Supreme Court find that the old letter written on hotel stationery and found tucked away in Melton’s papers at home was a valid will, but that the effect of the will was that his daughter and all of Melton’s relatives were disinherited by the letter. The Court stated,
The 1995 letter was written, signed, and dated by Melton. It contains the material provisions of a will because it provided that Kelleher should receive Melton’s estate and that his relatives should receive nothing. Although Melton did not store the 1995 letter in the same manner that he stored the 1975 will, its validity as a holographic will does not depend on him doing so. Melton’s testamentary intent is evinced by his references to his mother’s funeral, her untimely death, and his statement that he “had better leave something in writing.” Accordingly, we conclude that the 1995 letter is a valid holographic will. 1)In re Estate of Melton, 272 P.3d 668, 674 [Nev. 2012].
Nevada law recognizes the validity of a holographic – or handwritten – will:
A holographic will is a will in which the signature, date and material provisions are written by the hand of the testator, whether or not it is witnessed or notarized. It is subject to no other form, and may be made in or out of this State. … Such wills are valid and have the same force and effect as if formally executed. 2)NRS 133.090
Thus, in order for a handwritten will to be valid, there are three important factors that must be present in the document:
(1) the signature,
(2) the date, and
(3) the “material provisions” must all be in the person’s own handwriting.
It is not necessary that the person say that the document is meant to be his last will and testament or make any reference to the document being a will3)remember, it is “subject to no other form”. By “material provisions,” I mean the holographic will must contain an item that names beneficiaries and executors under the will, a la items that show “testamentary intent,” or the intent for the written document to be treated as a will4)even though you do not call it a will.
Because a holographic will is “subject to no other form,” you may write your will on a napkin while enjoying dinner with your son. You may write your will in the grocery store aisle on the back of your shopping list or as you leave the store on the back of your receipt. You may write your will on a notepad during your next boring office meeting. As long as your signature, the date, and the material provisions are in your handwriting, it is a valid holographic will.5)Note that not all states accept holographic wills, this post pertains only to Nevada law
In Melton’s case, his letter written to his longtime girlfriend on hotel stationery was enough to disinherit his daughter and all of his relatives. The kicker, though, is that Melton died with assets in excess of $1.5 million! That is some very valuable hotel stationery!
