Holographic will
Encyclopedia
A holographic will is a will and testament
that has been entirely handwritten and signed by the testator
. Normally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdiction
s, holographic wills that have not been witnessed are treated equally to witnessed wills and need only to meet minimal requirements in order to be probate
d:
Holographic wills are common and are often created in emergency situations, such as when the testator is alone, trapped, and near death. Jurisdictions that do not generally recognize unwitnessed holographic wills will accordingly grant exceptions to members of the armed services who are involved in armed conflicts and sailor
s at sea, though in both cases the validity of the holographic will expires at a certain time after it is drafted.
Holographic wills often show that the requirements for making a valid will are minimal. The Guinness Book of World Records lists the shortest will in the world as "All to wife," written on the bedroom wall of a man who realized his imminent demise and made a swift attempt to distribute his chattels before expiring. It clearly meets the minimum requirements, being his own work and no one else's. On June 8, 1948 in Saskatchewan, Canada, a farmer named Cecil George Harris who had become trapped under his own tractor
carved a will into the tractor's fender. It read "In case I die in this mess I leave all to the wife. Cecil Geo. Harrisn" The fender was probated and stood as his will. The fender is currently on display at the law library
of the University of Saskatchewan College of Law
.
In the United Kingdom, unwitnessed holographic wills were valid in Scotland until the Requirements of Writing Scotland Act 1995 which abolished the provision; such wills written after 1st August 1995 are now invalid in England, Wales, Scotland, and Northern Ireland. Holographic wills need not be signed, when subscription to the writing appearing on the last page of such sheet is "your loving mother," or words to the effect which designates the family or personal relationship, if it is a material consideration, the signature is sufficient. This is most commonly found in documents written in emergency situations, or those prepared by individuals who have not consulted legal advice.
In Germany
, a will needs to be handwritten and signed in order to be valid. The holographic will therefore is the standard form for wills under German law.
United States jurisdictions that recognize holographic wills:
* This is not an exclusive list of United States jurisdictions recognizing holographic wills.
Will (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
that has been entirely handwritten and signed by the testator
Testator
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."-Related terms:...
. Normally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s, holographic wills that have not been witnessed are treated equally to witnessed wills and need only to meet minimal requirements in order to be probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
d:
- There must be evidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods. - The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.
- The testator must be expressing a wish to direct the distribution of his estateEstate (law)An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
to beneficiariesBeneficiaryA beneficiary in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example: The beneficiary of a life insurance policy, is the person who receives the payment of the amount of insurance after the death of the insured...
.
Holographic wills are common and are often created in emergency situations, such as when the testator is alone, trapped, and near death. Jurisdictions that do not generally recognize unwitnessed holographic wills will accordingly grant exceptions to members of the armed services who are involved in armed conflicts and sailor
Sailor
A sailor, mariner, or seaman is a person who navigates water-borne vessels or assists in their operation, maintenance, or service. The term can apply to professional mariners, military personnel, and recreational sailors as well as a plethora of other uses...
s at sea, though in both cases the validity of the holographic will expires at a certain time after it is drafted.
Holographic wills often show that the requirements for making a valid will are minimal. The Guinness Book of World Records lists the shortest will in the world as "All to wife," written on the bedroom wall of a man who realized his imminent demise and made a swift attempt to distribute his chattels before expiring. It clearly meets the minimum requirements, being his own work and no one else's. On June 8, 1948 in Saskatchewan, Canada, a farmer named Cecil George Harris who had become trapped under his own tractor
Tractor
A tractor is a vehicle specifically designed to deliver a high tractive effort at slow speeds, for the purposes of hauling a trailer or machinery used in agriculture or construction...
carved a will into the tractor's fender. It read "In case I die in this mess I leave all to the wife. Cecil Geo. Harrisn" The fender was probated and stood as his will. The fender is currently on display at the law library
Law library
A law library is a library designed to assist law students, attorneys, judges, and their law clerks and anyone else who finds it necessary to correctly determine the state of the law....
of the University of Saskatchewan College of Law
University of Saskatchewan College of Law
The College of Law at the University of Saskatchewan is the university's law school. Located in Saskatoon in the Canadian province of Saskatchewan, the College of Law was established in 1912 and is the oldest law school in Western Canada....
.
Law in various jurisdictions
In the United States, unwitnessed holographic wills are valid in around 19 out of the 50 states. Many states, for example New York, place tight restrictions on who may use a holographic will. Jurisdictions that do not themselves recognize such holographic wills may nonetheless accept them under a "foreign wills act" if drafted in another jurisdiction in which it would be valid.Wisconsin "foreign wills act"In the United Kingdom, unwitnessed holographic wills were valid in Scotland until the Requirements of Writing Scotland Act 1995 which abolished the provision; such wills written after 1st August 1995 are now invalid in England, Wales, Scotland, and Northern Ireland. Holographic wills need not be signed, when subscription to the writing appearing on the last page of such sheet is "your loving mother," or words to the effect which designates the family or personal relationship, if it is a material consideration, the signature is sufficient. This is most commonly found in documents written in emergency situations, or those prepared by individuals who have not consulted legal advice.
In Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, a will needs to be handwritten and signed in order to be valid. The holographic will therefore is the standard form for wills under German law.
United States jurisdictions that recognize holographic wills:
- LouisianaLouisianaLouisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
— under the Louisiana Civil Code such a will is known as an "olographic testament," and must be proved by the testimony of two credible witnesses that the testament was entirely written, dated, and signed in the testator's handwriting. - UtahUtahUtah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
— upon clear and convincing evidence proof the decedent possessed intent to make a valid will, signed by the testator with material portions of the document in the testator's handwriting, and describing specific bequests with reasonable certainty. No witnesses required. - VirginiaVirginiaThe Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
— upon clear and convincing evidence proof the decedent possessed intent to make a valid will, signed by the testator, the will must be wholly in the handwriting of the testator (handwriting proven by at least two disinterested witnesses or the will was written in the presence of one disinterested witness if executed before 1922).
* This is not an exclusive list of United States jurisdictions recognizing holographic wills.
Further reading
- Keating, Albert (2002) The Law of Wills. Dublin: Round Hall ISBN 1858003024 (Republic of Ireland)