10th Sep 2019
The last blog post in this series on handwritten or holographic wills had this title: Entirely in TESTATOR’S handwriting. The point of that title was to emphasize the handwriting must be the testator’s.
Whether out of noble motives, such as helping someone with arthritis who has trouble writing, or less noble motives, such as trying to make a fraudulent will, a holographic will cannot be handwritten by someone else, under the plain language of Oklahoma law. One main reason the Judge in the Aretha Franklin Estate allowed a handwriting expert to analyze potential wills was surely to bring some clarity to this very point.
This blog post has the title: Entirely in the Testator’s HANDWRITING. The point of this title is to emphasize the testator must create a holographic will entirely in their handwriting.
The plain language of Oklahoma law would seem to eliminate such things as a fill-in-the blank will kits. Those abound in bookstores and on the internet. Even if they are partially handwritten, they are not entirely handwritten.
So to be a valid will, such a will would have to otherwise be a valid will under the testamentary requirements of Oklahoma law. It would not qualify under the holographic will standards.
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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.