The handwritten will is a commonly misunderstood area of estate planning.
Under Oklahoma law, a handwritten or holographic will (as it is known in Oklahoma) can be a valid testamentary instrument if it is: (1) entirely in the handwriting of the testator, (2) dated, and (3) signed by the testator.
Sounds simple enough, right?
Problems With a Handwritten Wills
Actually, it’s not quite as simple as it seems.
Oklahoma courts are very strict when it comes to wills. If a document does not strictly comply with the statutory requirements, it will be thrown out. Consider these questions:
What if part of the document is typed while the rest is handwritten?
What if some of it was written on one date, then some more was written on another?
Where does the signature have to be located on the document?
Where does the date have to be located?
How does the date need to be written?
How do you need to identify your beneficiaries?
How should you describe your assets?
Do the pages need to be stapled or clipped together?
Importantly, there must also be evidence that the Testator intended this particular document as a will.
Is the language of your handwritten document sufficient to express that intent? Or could anybody argue that the document is simply a set of notes (or a mere draft) rather than a testamentary instrument?
Related post: 4 Ways to Challenge an Estate Plan
It can be difficult for a court to understand the terms of a handwritten document. Handwriting can be difficult to read, but even clear handwriting can convey ambiguous information.
Keep in mind that you will not be available to tell the court exactly what your will means or what you want to happen to your “stuff.” Your will is probated only after your death.
So, if you phrase something ambiguously or vaguely, the court may not interpret it the way you intended.
As you can see, drafting a valid will is not quite as simple as it seems. Even more difficult can be drafting an effective will that disposes of your assets exactly how you want.
There are myriad pitfalls that can cause a will to be denied probate or to be construed in a way contrary to your intentions. Even if the will is given effect as you intended, ambiguity and uncertainty can cause a beneficiary or heir to challenge the will, making things more difficult for your loved ones.
Related post: The Dangers of Do-It-Yourself Estate Planning
A handwritten document can qualify as a will. But when it comes to the disposition of your assets, your final legacy — your life’s work — do you really want to take the chance that it goes wrong?
Don't Leave Things to Chance
There are many things to consider when making a Last Will and Testament, but nothing matters more than making sure your will is enforceable and effectively (and clearly) transfers your estate in accordance with your wishes.
For more information about estate planning, and to figure out what kind of estate plan may be best for you, contact the experienced Oklahoma City estate planning attorneys at Postic & Bates today for a free, no-obligation consultation appointment.
David M. Postic is an attorney at Postic & Bates, P.C. His practice focuses on estate planning, probate, real estate, trust administration, business planning, and adoption.
You can email David through our Contact Us page or by calling our office at (405) 691-5080.
[As with all our blog posts and other publications and resources, the contents of this article do not constitute legal advice and are subject to our site-wide disclaimer.]
