An interesting article on myjourneytomillions.com explores whether handwritten wills are valid, and whether individuals are better off drafting a handwritten will than they are using a do-it-yourself service like legalzoom, or hiring a lawyer. In Mississippi, a handwritten will, which is called a “holographic will”, is legal as long as it is completely in the handwriting of the decedent. Fill in the blank forms will now serve as a handwritten will. The problem with handwritten wills comes in presenting them to the court for probate. Because such wills are not witnessed, the only proof that the document was written and signed by the decedent is testimony, usually by affidavit, of non-experts that they recognize the will as being in the decedent’s handwriting. If this is challenged by one of the heirs, this could lead to significant litigation, possible great expense in hiring handwriting experts, and the possible invalidity of the will. Additionally, in all but the simplest of dispositions of property, such as “everything divided equally among my children,” the handwritten will is likely to be inadequate to address many of the concerns that a comprehensive estate plan will address, such as protection from divorce, creditors, or nursing home expense. Estate planning involves drafting necessary documents to ensure one’s wishes are honored after death, and an estate planning attorney can help prevent complications during the probate process.

In short, yes handwritten wills are valid in Mississippi, but with them comes some risk, and they may be inadequate to deal with the real-life issues of the heirs in all but the simplest of estates. A handwritten will serves as a last will and testament, which is a crucial estate planning document that dictates the distribution of assets after one’s death.

What is a Holographic Will?

A holographic will is a type of handwritten will that is entirely penned by the testator, the person making the will. Unlike typed or professionally drafted wills, a holographic will is created solely in the testator’s handwriting, making it a unique and personal testamentary document. This type of will is also known as a self-written will. While some states accept holographic wills as legally valid, others do not, and the criteria for validity can vary significantly. Generally, for a holographic will to be recognized, it must be written entirely in the testator’s handwriting, signed by the testator, and found among the testator’s valuable papers or effects after their death.

Legal Requirements for Handwritten Wills

To be considered a valid holographic will, a handwritten will must meet specific legal requirements, which can differ from state to state. Generally, these requirements include:

• The will must be written entirely in the handwriting of the testator.
• The will must be signed by the testator.
• In some states, the will must also be dated.
• The will should be found among the testator’s valuable papers or effects after their death.
• The language of the will must be clear and unambiguous.

It’s important to note that not all states recognize holographic wills. Even in states that do, the requirements for a valid holographic will can vary. Consulting with an estate attorney is crucial to ensure that your handwritten will meets the legal standards of your state.

Potential Complications with Handwritten Wills

While a handwritten will can be a valid and convenient way to express your wishes, it can also lead to potential complications. Some of these complications include:

• Difficulty in verifying the testator’s handwriting, which can lead to disputes among family members or beneficiaries.
• Ambiguities in the language of the will, which can cause confusion and misinterpretation.
• The will may not be self-proving, leading to delays and additional costs in the probate process.

To avoid these complications, it’s essential to ensure that your handwritten will is clear, concise, and meets the legal requirements of your state. This can help minimize disputes and ensure that your wishes are carried out as intended.

Creating a Valid Handwritten Will

To create a valid handwritten will, follow these steps:

• Write the will entirely in your own handwriting.
• Sign the will.
• Date the will if required by your state.
• Ensure the language of the will is clear and unambiguous.
• Keep the will among your valuable papers or effects.
• Consider having the will notarized or witnessed to make it self-proving.

Regularly reviewing and updating your will is also essential to ensure it reflects any changes in your life or assets. This can help prevent potential disputes and ensure that your wishes are accurately represented.

Alternatives to Handwritten Wills

While a handwritten will can be a valid and convenient way to express your wishes, it may not be the best option for everyone. Some alternatives to handwritten wills include:

• Formal Wills: A formal will is a typed document prepared by an estate attorney. It offers a more structured and legally sound way to express your wishes, providing greater protection and clarity.
• Trusts: A trust is a legal document that allows you to transfer assets to beneficiaries without going through the probate process. Trusts offer more flexibility and control over the distribution of your assets.
• Online Wills: Online wills are a convenient and affordable way to create a will. However, they may not provide the same level of protection and clarity as a formal will or trust.

Ultimately, the best option for you will depend on your individual circumstances and needs. Consulting with an estate attorney can help you determine the best way to express your wishes and protect your assets.