What is a holographic will
A holographic will is the term given to a will that have been written by hand and signed by the testator, that is to say that a holographic will is entirely handwritten. Not all countries across the globe provide for holographic wills and so if you intend to draft such a will it is vital that you seek professional guidance to ensure your will and its estate are legally applicable and the estate will not go into probate on grounds of invalidity.
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Holographic will explained
As mentioned a holographic will is produced completely by hand by the testator him/herself however it is typical that the will is signed by a witness or witnesses attesting to the validity of the testators signature, content of the will and the intent of the testator.
Some countries do accept holographic wills where no witness has signed the will. Typically, it is standard for a holographic will to be treated as valid where:
- Evidence is shown that the will was in fact created by the testator i.e. through the use witnesses
- Testator proves intellectual capacity to create the will
- The will must evidence that the testator expressly directs his/her estate to be distributed to the nominated beneficiaries
Holographic wills are not commonly used but that can be used successfully in emergency situations. Many countries that do not recognise holographic wills are permitted to make exceptions to the armed forces and those in high danger jobs.
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