16th Dec 2019

In prior posts in this series, we looked at several “musts” that holographic wills need to have in order to be valid under Oklahoma law:

-Entirely Handwritten;

-Handwritten by the Testator;

Dated;

Signed;

Last post we began to look at the “must nots” – the things the law states specifically that holographic wills are not required to have. The first is holographic wills are not required to be in any particular form.

A second “must not” is: holographic wills need not be witnessed.

There are probably others, but here are some practical applications of that. No one else has to see the creator make or sign any part of the holgraphic will. No one else has to sign or otherwise write on the holographic will.

In fact, someone else signing a holographic will would likely violate the terms of the law that the holographic will is entirely handwritten by the Testator. And small details like this are easy to mess up!

This is in specific contrast to traditional, testamentary wills which must have two witnesses (and other specific details about the witnesses).

The next post will look at the “why” behind this portion of the law and some practical points to consider.

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