You may or may not have heard the term “holographic will” before. No, it is not a high-tech device that presents your final wishes using a hologram. Rather, a holographic will is a handwritten will made and executed by the testator alone. It need not comply with all the legal formalities required to make any other type of will, such as being witnessed by two people.
As you can imagine, there are a lot of ways for this to go wrong. Holographic wills are generally used only in emergency situations where the testator knows that they are dying and do not have the time or ability to find a lawyer and create a formal will. Really, a holographic will should never be used if you can avoid it. It can be extremely difficult to prove that these documents are valid and extremely easy to successfully challenge one. Your best bet is to work with an estate planning attorney rather than taking a DIY approach to such an important legal matter.
Why is Making a Holographic Will Not a Good Idea?
In many ways, creating a valid and enforceable holographic will is much more difficult than making a will in a lawyer’s office. The only time you should consider doing this is if you are facing imminent death and you have absolutely no other option. If you have been stranded in the desert for a week with little hope of rescue, it may be worth a shot. Otherwise, it probably is not a good idea.
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