What is a Holographic Will?
The holographic will is the most basic form of will that you can produce. The term “holograph” refers to the fact that the will is hand-written. In this article, the Law Office of Angela N. Manz will discuss holographic wills, their basic requirements, pertinent definitions, and more.
Defining “holographic will”
A holographic will is a last will and testament that is entirely written in the testator’s (the person drafting the will) handwriting. A formal will requires witnesses and notaries. However, what happens if you need a will but don’t have one? In that case, under urgent circumstances, you can draft a holographic will. Holographic wills tend to arise during emergencies or when an individual does not have access to lawyers or a legal team that can help them establish a formal will.
What are the criteria for holographic wills?
- Age and mental capacity – The testator must be at least 18 years of age and “of sound mind.”
- Written by hand – The testator is required to handwrite the entire holographic will. The State of Virginia prohibits typed text.
- Testamentary intent – The testator must indicate their intent to establish a will and have their assets distributed after death.
- Signature – The testator is required to place their signature on the will. It is usually placed at the end of the document.
- Witnesses – The State of Virginia does not require the presence of witnesses for a holographic will at the same time the testator signs it. However, after the testator dies, at least two “disinterested” witnesses must testify that the testator’s signature is accurate.
How do I create a holographic will in Virginia?
While it’s still important to consult an estate planning attorney, it’s good to know how to create a holographic will in the case of an emergency.
- Write the entire will in your handwriting – The State of Virginia requires the testator to write the holographic will entirely in their own handwriting. The state forbids typed or printed text, which could render your will invalid.
- Identify the beneficiaries – You should be specific when you name your beneficiaries. Use their full legal names and addresses to avoid any potential ambiguity. Also include the relationship between you and the beneficiary, such as “my son” or “my daughter.”
- Detail asset distribution – When describing each asset, be very precise. You don’t want to leave room for ambiguity. Assets can include real estate, personal belongings, bank accounts, investments, jewelry, and other items.
- Appoint an executor – Designate a trusted person to act as executor. This individual assumes responsibility for your estate. They also assume responsibility for paying outstanding taxes, debts, and court fees. They manage and distribute your assets according to the terms of your will.
- Include guardianship provisions – If you have children, you’ll need to ensure they are properly taken care of.
- Sign the will – The testator must sign a holographic will to make it valid.
Talk to a Virginia Beach Estate Planning Attorney Today
The Law Office of Angela N. Manz represents the interests of those seeking to plan their estate. We can help with wills, trusts, and more. Call our Virginia Beach estate planning lawyers today to schedule an appointment and learn more about how we can help.
