The Elements of a Valid Holographic Will in California
If you write a will completely by hand and sign it, it is called a holographic will. California, like other states, accepts holographic wills as valid under certain conditions. These wills must be written completely by hand and signed, and they must not conflict with any other will the testator leaves behind. As with other types of wills, holographic wills are only valid in California if the writer is physically and mentally competent when writing and signing the will.
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Handwritten Will
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For a holographic will to be valid in California, as of April 2011 it must be written by hand -- it cannot be typed or printed. The will must be written in the testator's handwriting; an attorney or assistant must not write it for him. The testator must sign the will. Although providing a date for signature is optional, the testator may include it if he wishes as additional proof of authenticity.
No Witness Requirement
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Unlike other types of wills, holographic wills do not require the signature of witnesses. The testator's signature, if determined to be authentic, is sufficient to validate a holographic will. The testator is not prohibited from having witnesses if she wants them, however. It may be a good idea to have witnesses so that if anyone challenges the testator's competency to write the will, the witnesses can attest that the testator was of sound mind and body.
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Importance of Date
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Although testators do not have to date holographic wills to render them valid, the date establishes whether a will is valid if it conflicts with a different will. For example, if a holographic will is undated and removes an heir from the will, California courts must dismiss this will as invalid unless the signature date on the will establishes that it was written after the will that names the omitted heir.
Interpretation of Will
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California law allows courts to hear evidence regarding the validity of a holographic will or the interpretation of an unclear portion of the will. Judges can hear evidence and read the will to determine its meaning; however, California courts are not allowed to rewrite any portion of a holographic will to make it valid and must dismiss the will as invalid if it has no date and conflicts with a dated will or is not written and signed by the testator.
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