A holographic will is a type of will that is handwritten and signed by the testator (the person making the will) without the need for witnesses. This form of will can be simpler and more straightforward to create compared to a formal, typewritten will. In Oklahoma, holographic wills can be legally valid, provided they meet certain criteria.

Requirements for a Valid Holographic Will

Unlike wills that are done with an attorney present, holographic will rely on other evidence to prove the validity of it. To be valid in Oklahoma, a holographic will must meet the following requirements:

1. Entirely Handwritten: The will must be completely in the testator’s handwriting. Any part of the will that is typed or printed can invalidate the entire document.
2. Signed by the Testator: The testator must sign the will. The signature can be anywhere within the text, as long as it clearly indicates the testator’s intent.
3. Clear Intent: The document must clearly express the testator’s intent to distribute their property upon their death. It should specify beneficiaries and detail how to distribute the testator’s assets.
4. Age and Mental Capacity: The testator must be at least 18 years old and of sound mind when creating the will. They must understand the nature of the document and the consequences of their decisions.
5. No Witnesses Required: Unlike formal wills, a holographic will does not require any witnesses to be valid in Oklahoma.

If the will does not meet these requirements, then it is not valid. This is why it is essential that when you or a loved one is considering creating a will that you take all necessary precautions. You don’t want to leave your family in a bind when trying to tie up your affairs.

Advantages and Disadvantages of Holographic Wills

Just as with other will options, holographic wills come with their own advantages and disadvantages. An advantage can be that they are simpler and quicker to create since they don’t require witnesses or a notary. They are also accessible to individuals who may not have the means to hire an attorney or who need to create a will quickly in urgent situations. Additionally, you can create a holographic will in private without involving others.

Conversely, it’s also more common to contest holographic wills due to questions about their authenticity or the testator’s intent. In some instances, without documents to compare it to, it can be a battle to prove it’s legitimate. Handwritten wills may also be more ambiguous or unclear, leading to potential disputes among beneficiaries. Further, the lack of formalities, such as witnesses, can make it harder to prove the testator’s intent and mental capacity.

These are all factors that you should think about when deciding if a holographic will is the best option for you.

Proving a Holographic Will

After you submit a will for probate in Oklahoma, the court will examine it to ensure it meets the state’s legal requirements. This process may involve:

1. Handwriting Verification: The court may require testimony or affidavits from individuals familiar with the testator’s handwriting to verify that it is the testators.
2. Intent and Capacity: The court will consider evidence to ensure that the testator had the requisite intent and mental capacity to create the will.
3. Content Clarity: The court will review the will to ensure that it clearly outlines the testator’s wishes regarding the distribution of their assets.

While this can be a longer process, it helps prove the validity of the will.

Wagoner Estate Planning Attorneys

Luckily, our team of estate planning attorneys as Wagoner County Attorneys can help you through the process. If you need help, reach out to us at 918-283-7394 or ask a question online.