Also known as: testamenta holografa · holographic will · holographic testament
Written by attorneys · grounded in primary & secondary sources — see below
An instrument disposing of property upon death that is valid without witnesses if the signature and material portions of the document are in the testator's handwriting.
Darren, a long-haul trucker domiciled in State A, parked in State C and wrote out his intentions on paper leaving his trucking assets to friend Nora. He signed the document himself with no witnesses present. After Darren died, his son Connor contested probate in State A, which does not recognize unwitnessed holographic wills. The court admitted the document because it satisfied the execution requirements of State C, the place of execution.
Charles Kuralt wrote a letter to Elizabeth Shannon expressing his intent to leave her his Montana property and signed it in his own hand. After Kuralt died, his wife challenged the letter as insufficient to pass title. The court treated the letter as a valid holographic will because the signature and material portions were in Kuralt's handwriting, allowing probate despite the absence of witnesses.
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The document qualifies if the signature and material portions are in the testator's handwriting, even without witnesses or compliance with formal attestation rules.
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Yes, provided the material portions identifying the property and devisees are in the testator's handwriting. Surplusage such as letterheads or printed headings may be disregarded.
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Yes, the testator may make a valid handwritten alteration without re-signing the document.
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A handwritten will is valid if it complies with the execution law of the place of execution, the testator's domicile, place of abode, or nationality at execution or death, so compliance with any one qualifying jurisdiction suffices.
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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…