Holographic Wills Must Be Dated

The last few blog posts have looked at the law on handwritten or holographic wills in Oklahoma. They can become major issues in estates, as the Aretha Franklin estate illustrates.

The major requirements for a holographic will have been laid out in the last couple of posts:

–Entirely Handwritten (not fill-in-the-blank, partially typed, etc.)

-Handwritten BY the testator/maker (not by a “helper”, etc.)

-This posts adds a third: date

This date requirement illustrates one of the tricky parts about handwritten wills. The baseline requirements are not that hard to meet on their face. However, if you leave one out – it could be fatal to the validity of document. Close is not generally good enough.

So, you are determined to write out your will. You grab your favorite pen and pad. You think through all your options. You use your best handwriting. You create a masterpiece. BUT – forget to date it, and a Court will likely not find it a valid will.

All the effort could be for naught. Or create more confusion and disagreement than there needed to be in your estate.

If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 609-4242 or at coryhicks@fieldandhicks.com 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.