DIY

Can I Write My Own Will?

Can I Write My Own Will?

Most people know the phrase "Do It Yourself" or “DIY.”

For me, “Do It Yourself” calls to mind weekend trips to Home Depot and learning how to do something new instead of paying someone else to do it.

Also Pinterest. It calls to mind Pinterest.

That’s part of what makes DIY projects so great: Who doesn’t love saving money and feeling proud of something they did themselves?

But there is a limit to what you can do yourself, right?

I can do some home improvement stuff myself, like painting walls or breaking the nice faucet on the kitchen sink.

However, things would get really dicey if I tried to act as my own plumber, excavator, or electrician without proper training and experience.

Doing those tasks incorrectly could have disastrous consequences.

The same is true of "Do It Yourself" estate planning:

A poorly designed estate plan can lead to massive probate expenses, family infighting (and ruined relationships), having your legal documents rejected, and much, much more.

The Dangers of “Do It Yourself” Estate Planning

If you aren’t familiar with “Do It Yourself” estate planning, here’s how the process usually goes:

Can You Have a Handwritten Will?

Can You Have a Handwritten Will?

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?