Holographic Wills Must Be Signed

This blog post is the fourth in a series looking at the specifics of what Oklahoma law requires in order to have a valid holographic or handwritten will. The first three requirements are:

-Entirely Handwritten;

-Handwritten by the testator/maker;

–Dated;

You can click on any of those links above and read about those issues in more detail. This post adds a fourth element:

-Signed

One of the biggest issues here is whether it has to be signed at the end.

The statute on formal wills in Oklahoma has the specific requirement: “[i]t must be subscribed at the end.” Which seems to indicate in a “normal” will, the creator needs to sign at the end – after all the terms and provisions.

However, the holographic statute does not have any such “at the end” requirement. This goes not just for the signature but also the date. On its face, the statute does not require it be signed in any particular location, such as at the start or at the end.

The next phrase of the holographic will statute is, “[i]t is subject to no other form.” That would seem to bolster the argument that the signature and date do not have to be in any particular location or form.

The next post or two will look at this second part of the holographic will statute. It covers what holographic wills do not have to have. Where the first part covers what they have to have – the basic list above.

If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 686-4360 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.