Why People Use Holographic Wills
Holographic wills are typically written by people who want to avoid the cost of hiring an attorney. They can be written on any piece of paper and require no formality beyond legible handwriting, a date, and a signature.
Risks of Relying on a Holographic Will
- Legibility: If handwriting is difficult to read, the court may struggle to interpret the person's wishes.
- Ambiguity: Without legal training, people often write unclear or contradictory instructions that lead to disputes.
- No self-proving clause: A holographic will lacks the self-proving affidavit that streamlines the probate process.
- Still requires probate: Like all wills, a holographic will must go through probate to be effective.
- No incapacity protection: A will of any kind provides no protection if the person becomes incapacitated during their lifetime.
A holographic will is better than no plan at all. But for most families, a revocable living trust provides far more protection, privacy, and control.