In California, a holographic will is a will that is handwritten. While they are legal in the State of California, they are often contested during the probate process. In this post, we’re going to look at the requirements of California holographic wills and some considerations you should keep in mind when determining whether this is the right sort of will for you.
The Legal Components of a California Holographic Will
Let’s talk about the legal requirements for a holographic will. Some or all of the document must be written in the handwriting of the testator. The testator is the person who is creating the document. This person must also sign the document. Provided that the holographic will is fully written and signed with the testator’s own hand, there is no legal requirement for the document to be witnessed.
It is important that the testator include the date that they sign the document. The probate court must be able to see the actual date that the will was executed. The probate court needs to have the most recent will. They use the date of execution for this purpose.
The will should list the assets and the heirs who will receive them. While it is extremely important for the will to be legible so that the probate court can read it, it is equally important for the distribution of assets. It will help the executor determine how assets should be distributed. If assets are forgotten or if the list of assets is illegible, the California probate court will distribute them according to state law.
A holographic will needs what is known as testamentary capacity. This means that the person creating the will, the testator, knows what assets they own and who their relatives or beneficiaries are. Of course, this list doesn’t have to be exact, but it’s an important concept because the testator will be the person who writes the will. Testamentary capacity isn’t just about knowing about your assets and beneficiaries. It’s also about the ability to understand that what is being created is a legal document.
Holographic Wills Are Often Contested in Probate Court
One of the biggest issues with holographic wills in California is that they’re often contested in probate court. Although there is no legal requirement to have a holographic will witnessed, the lack of witnesses is one of the main objections presented to the court.
Additionally, the probate court must be convinced that the holographic will had at least the most important portions written by the hand of the testator as well as dated and signed by them. Otherwise, the probate court may declare that the will is invalid.
When holographic wills aren’t clearly written, it can cause problems for the family and for the probate court. Especially for business owners, people with extensive assets, and parents of minor children, it is incredibly important that a will (regardless of whether it is handwritten) must be clearly written. Failing to disclose all of the assets of an estate can cause confusion as well as create the need for the probate court to determine how assets will be distributed. If this happens, the decedent’s wishes may not be truly fulfilled.
Talk with an Estate Lawyer Before Writing a Holographic Will
If you’re convinced that a holographic will is a document you really want to create, take the time to talk with an estate lawyer before you get started. One conversation can help ensure that you don’t overlook important information that should be placed in the will. You can also learn about other estate planning documents and options that can also benefit you.