Is a handwritten will valid?
Many states,
including Mississippi, recognize handwritten or "holographic" wills.
A holographic will is a will is written entirely by the hand of the
testator. It must be signed by the
testator or himself, but need not be witnessed or notarized. Any challenge to
the handwritten will is likely to raise the possibility of disputes over authentic
of handwriting, and possibly the testator’s competency. Because the will lacks
the formalities of 2 witnesses, there is always the possibility that an
individual may claim the drafter was incompetent at the time of drafting, and
there would be an absence of any witnesses to testify otherwise. Additionally,
in all but the simplest of the cases, the potential for error by a layperson drafting
their own will is a significant. The
drafter may have a clear idea in their mind as to their intentions, but because
they lack the skill and training of a professional, their expressions may not
be completely clear, or more likely, may not address an unanticipated event,
such as the prior death or incompetency of an heir. To the trained professional, such
circumstances are certainly foreseeable and will be addressed in a properly drafted will.
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