It is easy to understand why people get confused when it comes to holographic wills. The law varies state to state, and many times people rely on knowledge from a friend or that they heard on television. Unfortunately, this is a recipe for an estate litigation disaster, so take a look at G.S. 31-3.4 to clear up some common misconceptions about holographic wills.
A holographic will is a will written entirely in the handwriting of the testator (or the person who is making the will). A common misconception is you can type up and sign your own will, however this is not a valid holographic will. The statute goes on to say that if there are other words or printed matter should not affect the validity of the will as long as the handwritten will constitutes a valid holographic will otherwise. Another requirement for a holographic will is the testator’s name must be written in or on the will in the testator’s own handwriting.
The statute also outlines that the will should be kept with the testator’s valuable paperwork or effects, in a safe deposit box or other safe place (we recommend a fireproof safe), or in the possession or custody of someone, firm, or corporation chosen by the testator for safe keeping. Guess what the first question is that we ask when someone says they want to contest a holographic will? Where was it found? You can have years of litigation over where the will was found and whether it complies with the statute. Can you imagine the disposition of your assets coming down to whether it was found in too unusual of a spot or not? Well, that’s probably not something your friend or one of these do-it-yourself websites is going to explain. I watched a Youtube video earlier of one of those “do it yourself” sites explaining holographic wills, and they neglected to warn people about this potential problem. But then again, they disclaim all liability and tell you to see an attorney, so it’s not really their problem. You have no such requirement with a regular Will, but as a general matter, leave it in a place where it can be found. This can prevent future headache when your estate is probated and also makes it more likely that your wishes will be carried out as you desire. Tell someone where it is, so we do not get halfway through an estate and learn for the first time that there is a Will and have to start all over.
There are typically only two times people come to me with a holographic will: (1) when they want to contest it, or (2) when they realize the error of their ways and want to update it.
If you want to speak with an estate planning attorney in our office, contact us at 919-244-2019 or through our contact form here.
