Also known as: holographic will · holographic testament · holograph will · handwritten will
Written by attorneys · grounded in primary & secondary sources — see below
A form of will that is valid without witnesses or notarization when the testator's signature and the material portions of the document are in the testator's handwriting.
Henry Harrison sits alone at his kitchen table and writes out his wishes for his estate on notebook paper using his own hand. He signs the bottom of the page and places the document in a drawer. After his death the paper is offered for probate even though no one else saw the writing or signed it. The court admits the document because the signature and dispositive terms appear in Henry Harrison's handwriting.
Hiroshi Hasegawa writes a letter to a friend describing how he wants his Montana cabin and personal effects distributed upon his death. He dates and signs the letter in his own handwriting and mails it. After his death the letter is presented in probate court. The court treats the letter as a valid will because the signature and essential dispositive language are in Hiroshi Hasegawa's handwriting.
Select any source to read its text and confirm it supports the definition.
No. Under the Revised Uniform Probate Code only the signature and material portions need be in the testator's handwriting. Printed headings or surplusage may be disregarded when the handwritten text alone makes sense as a will.
Supporting sources
No. The defining feature of a holographic will is that it needs no witnesses or notarization provided the signature and material portions are in the testator's handwriting.
Supporting sources
Testamentary intent is the most litigated and tested element. The document must show on its face that the writer intended it to serve as a will.
Supporting sources
Yes. After signing a holographic will the testator may validly alter it by further handwriting without adding a new signature.
…created a parcel of approximately 90 acres and are the primary subject of this appeal. ¶8 On May 3, 1989, Kuralt executed a holographic will which stated as follows: May 3, 1989 In the event of my death, I bequeath to Patricia Elizabeth Shannon all my interest in land, buildings, furnishings and personal belongings on…