Also known as: olographic · olography · holograph · holographic will
Written by attorneys · grounded in primary & secondary sources — see below
A document handwritten by its author. A holographic will is valid when the testator's signature and the material portions of the document appear in the testator's handwriting even if the instrument fails to meet witnessed-will formalities.
Olivia Owens sits at her kitchen table and writes out her wishes for her estate on three pages of notebook paper. She signs her name at the end and lists specific bequests to her children. After her death the document is offered for probate. Because the signature and all dispositive provisions are in Olivia's handwriting the instrument qualifies as a valid olograph even though no witnesses were present.
Orson Ochoa writes a letter to his attorney describing a change to an earlier formal will and signs the letter in his own hand. The letter makes a specific bequest of real property and does not attempt to dispose of the entire estate. After Orson's death the letter is admitted as a valid olograph that amends the prior will because its material provisions are entirely in the testator's handwriting.
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No. Under the modern rule reflected in the Uniform Probate Code only the signature and material portions need be in the testator's handwriting. Printed headings or fill-in-the-blank forms may be disregarded as surplusage when the dispositive provisions remain in the testator's hand.
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Yes. A handwritten letter or document that makes a specific bequest and refers to an earlier will qualifies as a valid codicil when its material provisions are in the testator's handwriting.
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No. The statute expressly validates a holographic will whether or not it is witnessed provided the signature and material portions are in the testator's handwriting.
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The changes are valid without re-signing the document because a testator may validly alter a holographic will by further handwriting after the original signature.
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…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…