Holographic will: Why you need more than just a handwritten will

What is a holographic will?

A holographic will may sound like a space-age document from the future, but it’s not as complicated as it sounds. A holographic will — aka a handwritten will — is simply a will that you write and sign completely in your own handwriting. That’s it!

For many people, a holographic will might sound attractive. It seems cheaper and easier to write your own will, instead of paying a lawyer to do it for you. But holographic wills are not the best way to write your will because it’s easy to make mistakes and many states won’t recognize them. You can avoid these pitfalls by using an online will-maker to make your will for free.

4 requirements of a holographic will

To be legally valid, a holographic will:

1. Must be written entirely in your handwriting. You shouldn’t ever mix handwritten and typed parts of your will — choose one or the other to avoid confusion. If you need to make changes to your handwritten will, avoid crossing out or writing over parts. This can make it messy and difficult to read. Instead, you should rewrite your entire will by hand. Consider saving time and effort by using an online will-maker, where you can update or remake your will at any time.

2. Must be signed by you. This is very important. Your will isn’t valid without your signature.

3. Should include the same basic components as any will. This includes naming heirs for your property, appointing guardians for your minor children, and choosing someone to carry out the wishes in your will.

4. Ideally, your will should be witnessed according to the laws in your state. Most states require two witnesses who, by signing, confirm that your will was written by you. Some courts accept holographic wills without witnesses, but it can be difficult to prove your will’s validity without them. Estate attorneys always recommend witnessing your will, regardless of which type of will you make.

3 limitations of a holographic will

Despite their supposed ease and simplicity, holographic wills are less reliable than other will types. Here’s why:

1. If you’re writing your will out by hand, it’s easy to make mistakes that cause confusion or make it invalid. For example, you could forget to include an important part of your will, or use incorrect language that calls its validity into question. If you have messy handwriting and part of your will is illegible, that could also cause problems with interpretation.

Online will-makers like FreeWill are a good solution to this problem. For most people, it only takes 20 minutes for them to fill out the information they want to include in their will, and then they receive a printable will that is legally valid in all 50 states.

2. Their validity can be difficult to prove. For the court to accept your will, it must be clear that you wrote it and intended for the document to serve as your last will and testament. If this is unclear, your loved ones could challenge your will’s validity, resulting in delays and confusion. This could happen if you didn’t declare the document was to serve as your will, forgot to sign it, or didn’t have witnesses.

3. State laws about holographic wills vary widely. Some states don’t accept holographic wills at all. Other states only accept them for members of the U.S. military who are currently on active duty.

To complicate matters, state laws change all the time. Even if the state where you live accepts holographic wills now, the law could change in the future, making your will invalid.

Should I make a holographic will?

Estate attorneys generally recommend against making a holographic will, since not all states accept them and they can be difficult to prove.

You can save your loved ones from confusion by typing and printing your will. This process can be made simple by using an online will-maker. Get started making your free will today.

There are many different types of wills, each with their own strengths and drawbacks. If you’re not sure which one to choose, you can check out the different will types here and decide which is best for you.