How To Write A Holographic Will

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  

The law must apply to all income levels and circumstances. Sometimes, a man will find himself in an extreme predicament where he knows he is likely to die and no lawyer is present. He can write something called a Holographic Will. This is how to write a Holographic Will to distribute your personal property.

If You Cannot Afford Attorney

Poor people might not have the funds to hire a lawyer to complete their wills or may be in a remote rural area where no legal firms are located. Under the law and precedent, they can write a Holographic Will in these circumstances. It is important to follow the strict guidelines for this type of will.

Making a Quick Holographic Will While Dying

During an emergency, like a car accident, heart attack or war, a man may feel his life ebbing away. He has enough time to make a quick will just in case he does not survive. A court of law will recognize the Holographic Will if it is formatted in the following way and the author satisfies all requirements:

1) You must be 18 years or older.
2) You must be of sound mind.
3) Everything must be in your handwriting.
4) Previous wills must be "revoked."
5) Testify that this is your "last will and testament."
6) Identify your beneficiaries.
7) Distribute your assets using clear language.
8) Sign and date the will.
9) Write each page number on the bottom (i.e. Page 3 of 4).
10) No witnesses.

Of course, if you are dying, it is very difficult to recall, remember or fulfill all of these requirements. The Spirit of the Law dictates that you are writing this will in extremis without access to normal facilities. The shortest Holographic Will respected by a court of law was two words.

<h3>Regulations Vary by State</h3>

Other requirements for the Holographic Will include making copies with no signature. Note the location of the original will on the copies. Storing your will with an attorney or probate division of the county courthouse is wise, so survivors can access it once you pass on. Tell your executor or personal representative the location of your original will.

Some states respect this will type, others don't. Some make exceptions for military cases only.

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