Holographic Wills in Fairfax

A holographic will is a handwritten will which can be valid in Virginia as long that it is either entirely in the testator’s sole handwriting and is proven by two disinterested witnesses or it is signed by the testator in the presence of two competent witnesses who countersign the document. If you are interested in writing a holographic will or you have questions about holographic wills in Fairfax, speak with a capable wills lawyer that could answer your questions.

Differences Between Traditional Wills and Holographic Wills

A holographic will is somewhat uncommon because usually, people want to have an attorney draft their will. The main difference between a traditional will and holographic will is, of course, the testator handwriting their own will. The provisions necessary to provide for the smooth distribution of assets in a Last Will and Testament are complicated. Often, attorneys have several years of experience in drafting estate planning documents and administering estates after death. An attorneys experience in estate planning can help to provide for the distribution of assets pursuant to the testator’s wishes and to reduce unnecessary administrative costs.

A holographic will would be properly executed so long as the testator had the requisite capacity to create and draft the will, signed the will in the presence of two disinterested witnesses, meaning two people who were not benefiting from the provisions of the will and the witnesses signed in the presence of each other when attesting to the holographic will.

When Might a Holographic Will Come Into Play?

Holographic wills in Fairfax, while not very common, most commonly come into play when a person is ill and has not created a last will and testament but wants to quickly put something on paper in order to express their wishes. This could potentially be at a hospital situation where a person takes a piece of paper and writes down some wishes and has a couple people signed it in front of each other. It is specifically considered an unplanned, last minute project.

Appointing a Personal Representative to the Wills Estate

If the holographic will is found to be valid then if a person is named to be the executor of the person’s estate. That person will be named executor as long as the named person does not resign from their duties. If the holographic will just a couple of lines and only references, who the estate assets are supposed to be distributed to then another person would have to apply to be the administrator of the estate. Potentially, a family member or somebody who is named in a holographic will receive the assets could potentially apply to become administrator even though an executor was not specifically named in the will.

Administration of Holographic Wills

If valid, a holographic will would go through the same proceeding as a traditional will. If a holographic will named an executor of the estate then that executor can probate the will or attempt to probate the will and as long as no one contests the probating of the will then that person would most likely be appointed executor and have the authority from the court to administer that person’s estate. As long as the holographic will is properly executed and witnessed then it would be treated the same as a traditional will.

The terms of a holographic will would not be honored if the court determines that the will was not valid. If the will was determined not to be valid then the estate would be administered as an intestate and the heirs of that person would benefit as opposed to any of the named legatees in the attested holographic wills.

Understanding the Role of a Wills Attorney

An attorney can help someone open the estate or probate the will so an estate can be opened and ultimately have the estate administered. An attorney can assist someone in being appointed can either be executor or administrator depending on if that person was named in the holographic will or not.

Once that person is finally appointed by the court, the attorney would be able to assist with the estate administration, meaning they will be able to assist with any real estate that needed to be either sold or handled in different way.

The attorney could assist with collecting the estate assets, the attorney could assist with determining what debts need to be paid and which debts are valid, and then ultimately the attorney can help with the distribution of the assets to either legatee of holographic wills in Fairfax or the heirs if the holographic will is not found to be a valid will.