Also known as: holographic wills · holograph will · holograph wills
Written by attorneys · grounded in primary & secondary sources — see below
A will that is valid without attestation if the signature and material portions of the document are in the testator's handwriting. The rule dispenses with witness requirements when the testator's own script supplies the essential terms and authentication. Printed or prewritten matter may be disregarded as surplusage if the dispositive provisions remain legible in the testator's hand.
Captain Rebecca wrote in her ship's log that if she did not return the vessel and contracts should pass to first mate Ian. She signed the entry and dated it in her own hand. After her death Ian offered the logbook for probate. The court admitted the entry as a holographic will because the signature and material portions identifying the property and beneficiary appeared in Rebecca's handwriting.
Charles Kuralt wrote a letter to Patricia Shannon stating that in the event of his death he bequeathed to her all his interest in land and buildings on Burma Road in Montana. He signed the letter with his name and address. After Kuralt's death Shannon offered the letter for probate. The court treated the letter as a holographic will because the signature and material portions disposing of the Montana property were in Kuralt's handwriting.
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No. Under the Uniform Probate Code the signature and material portions must be in the testator's handwriting. Printed headings or letterhead may be treated as surplusage when the dispositive provisions remain legible in the testator's hand.
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No. The statute expressly validates a holographic will whether or not witnessed when the signature and material portions are in the testator's handwriting.
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Yes. A letter containing a signature and material portions in the testator's handwriting may be admitted as a holographic will if it shows testamentary intent.
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Printed matter is disregarded as surplusage if the handwritten provisions make sense as a will without it. Courts focus on whether the material portions identifying property and beneficiaries remain in the testator's handwriting.
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…to the testatrix’s heirs at law. The Court of Appeals affirmed. Mrs. Jessie Lide died on February 15, 1973, leaving a holographic will which, in its entirety, reads as follows: “April 19, 1972 “I, Jessie Lide, being in sound mind declare this to be my last will and testament. I appoint my niece Sandra White Perry…