26th Jan 2020
The holographic will statute in Oklahoma basically starts out and lists a number of “musts” – or things a holographic will absolutely has to have to be valid under Oklahoma law. You can read the prior posts in this series which discuss those musts in more depth: here, here, here, and here.
The statue then lists some “must nots” – or clarifying points about what a holographic will does not have to have to be valid under Oklahoma law. The last couple of blog posts have highlighted these “must nots”:
-Holographic wills are not required to be in any particular form.
-Holographic wills need not be witnessed.
A third “must not” is: holographic wills must not be made in this state to be valid under Oklahoma law.
A holographic will can be made in the physical boundaries of the State of Oklahoma. And then admitted by a proper Oklahoma Court after the maker dies. But likewise, a holographic will can be made outside the physical boundaries of the State of Oklahoma – inside the boundaries of another State or even Country, in appears. And then likewise, admitted by a proper Oklahoma Court after the maker dies. Other jurisdictional and legal issues would come into play, but the location of the creation of the holographic will does not matter.
People live in one place, but life changes, and they end up living in another. People intend on having property and dealings in one place, but life changes, and property and dealings shift to another place. The statute seems to allow for these types of realties.
If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 686-4360 or at firstname.lastname@example.org or using any of our contact information in the profile. You can also visit www.fieldandhicks.com for more information.
This blog contains general information and the opinions of the author – not legal advice; you should seek the advice of competent counsel (attorney/lawyer) when considering any legal issues.