Holographic Wills

Question 1

Holographic Wills: Requirements

Answer 1

• Wholly in handwriting of T and signed by T (if will is 100 pages long and only 3 words are typed, it is not wholly in handwriting)
• Must Show testamentary intent
• must be intended to take effect at DEATH

Liberally construed (e.g. “I, Hobie Gates, do so…)

*No testamentary intent. “I have decided to make some changes in my will. I want niece Julie to take $10,000 instead of $5,000. I want the farm in Hunt County to go all to Bob instead of half to him and half to Bunny as the will presently reads. Please make these changes; I will sign the necessary documents when I come into town.”

Question 2

Holographic Wills: Proving Handwriting

Answer 2

(i) Two witnesses who can testify that the will is wholly in T’s handwriting
(ii) affidavit by testator

Question 3

Holographic Wills: Codicils

Answer 3

Must follow same rules as holographic will creation.

Holographic codocils are still valid on a typewritten will.

Question 4

Holographic Wills: Validity When Drafted In States that Do Not Recognize Them

Answer 4

Law of state testator is domiciled at death controls.

Question 5

Holographic Wills: Surplusage Rule

Answer 5

Extraneous printed words, not necessary to complete the will, are disregarded