Also known as: holographic writing · holograph · holographic will
Written by attorneys · grounded in primary & secondary sources — see below
A form of will valid without attestation if the testator's signature and the material portions of the document appear in the testator's handwriting.
Hunter Hughes fills out a printed will form by handwriting the names of his devisees and the specific assets each will receive. He signs the document at the bottom in his own hand. The court admits the instrument to probate as a holographic will because the material portions identifying the property and beneficiaries are in Hunter's handwriting.
Hannah Hale writes a personal letter to her companion stating that she wants the companion to inherit the remainder of her Montana ranch after her death. The letter is entirely in Hannah's handwriting and signed by her. After Hannah dies the letter is offered and accepted as a holographic codicil because it demonstrates present testamentary intent to transfer the property.
Select any source to read its text and confirm it supports the definition.
No. Printed material is treated as surplusage when the handwritten provisions make sense as a will without it. Courts therefore disregard the printed portions and uphold the will if the material handwritten text is present.
No. Under the Uniform Probate Code only the signature and material portions need be handwritten. Immaterial printed words such as "I give, devise, and bequeath" do not invalidate the will.
Yes. A letter is valid as a holographic instrument if it is written and signed by the testator and shows present testamentary intent to dispose of property at death.
No. Neither the original nor the revised Uniform Probate Code requires dating. Only the signature and material portions in the testator's handwriting are necessary.
Yes. After signing, the testator may validly alter the will by further handwriting without executing 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…