Typical examples of such situations would include a soldier on the battlefield, someone lost in the wilderness who doesn’t expect to survive, a person on an airplane about to crash, or a person trapped in a burning building. ![]() The most common time for someone to make a holographic will is when he or she is in imminent danger of death, and has not already made a will or wishes to change a will. When would someone write a holographic will? It must be entirely handwritten and will only be valid until one year after the member is discharged from the service, one year after the person ceased serving with or accompanying the armed force, or three years after made by a mariner at sea. In New York, a holographic will is valid only if it is made by a member of the United States Armed Forces “while in actual military or naval service during war, declared or undeclared, or other armed conflict” by “a person who serves with or accompanies an armed force” so engaged or by a mariner at sea. In Maryland, a holographic will made outside of the United States by a member of the United States Armed Forces will be recognized until one year after the member is discharged from the service. Also, a holographic will that has been admitted to probate in a state that recognizes holographic wills may be recognized in Alabama, Delaware, Iowa, Minnesota, New Mexico, Oregon, or Rhode Island, if it also disposes of property in one of these states. Holographic wills made in one of the above states may also be recognized in the following states: Connecticut, Hawaii, South Carolina, Washington, and Wisconsin. A few states also require that the will be dated (California, Louisiana, Michigan, Nebraska, and Nevada). Of course, it will be helpful to know how to write a will using appropriate language commonly used in wills. If only the material provisions need to be handwritten, it may be possible to use a last will and testament form that has blanks for the testator to handwrite in such provisions. Some of these require that the entire will be in the testator’s handwriting, while others only require that the material provisions (that is, the provisions that designate the property and who is to receive it) be in the testator’s handwriting. Holographic wills are only valid if made in one of the following states (but requirements may vary from state to state): Alaska, Arizona, Arkansas, California, Colorado, Idaho, Kentucky, Louisiana (where it is called an olographic testament), Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. The validity of a will is a matter of state law. If a handwritten will meets all of the legal requirements for a typed will (such as being witnessed or notarized), it is a valid will, but it is not a holographic will. Wills were in existence long before computers and word processing programs, and long before typewriters. Handwritten wills that are written by the person making the will (called the testator), and have not been witnessed or notarized, are called holographic wills. But, what if you find yourself in a situation where there are no witnesses available? Or, what if you come across a handwritten will of someone who has died? Can such wills be valid? What is a holographic will? ![]() Preparing a will is typically done by printing out the will in a format that complies with state law regarding such things as the number of witness signatures required, notary provisions, etc.
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