A holographic will is a
will and testament that has been entirely handwritten and signed by the
testator. Normally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many
jurisdictions, unwitnessed holographic wills are treated as valid as witnessed wills and need only to meet minimal requirements in order to be
probated:There must be
evidence that the testator actually created the will, which can be proved through the use of
witnesses, handwriting experts, or other methods.The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.The testator must be expressing a wish to direct the distribution of his
estate to
beneficiaries.
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An unwitnessed handwritten will. A few states allow such documents to be admitted to probate, but most courts are very reluctant to accept them.
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