Reasons to Avoid a Holographic Will
What is a holographic will? It refers to a last will and testament that is handwritten and signed by the testator ( the person whose will it is). California happens to be one of the states that allow this type of will. However, that doesn’t necessarily make it a good option. What are some reasons to avoid a handwritten will?
- It is easy to challenge the will – Proving that the handwriting on the will matches other handwriting samples from the testator is only a matter of time, but there are plenty of ways to prevent an inheritance from being tied up for months or perhaps longer, so why make things more difficult for heirs?
- Witnesses to the signing are optional – Because the document being in the testator’s own handwriting is legally binding, the witnesses who would normally attest to a typed document are often skipped. However, having witness signatures on a will is an extra way to prevent confusion as to the legitimacy of the document.
- Handwritten wills are often prepared incorrectly – This can occur with a typed will too if it is not checked by an estate planning attorney. The best way to deal with this situation is to have a professional draft the document to meet your expressed desires. Then you know your wishes will be carried out in a timely manner.
Help in Drafting a Will or Creating a Trust
The estate planning attorneys at Petrov Law Firm are happy to help our clients develop legal documents that ensure your wishes will be carried out for asset distribution, funeral arrangements, and other necessary matters. To learn more, give us a call at 619-344-0360.