Holographic Wills in Montgomery County
Holographic wills in Montgomery County can be confusing. Because they are written in the testator or creator’s own hand, they can present unique challenges. For example, they may contrast the terms of a previous will or be difficult to understand. For that reason, it is important to work with a well-versed wills attorney when dealing with holographic wills.
What Is a Holographic Will?
A holographic will is a will written entirely in the testator or creator’s own handwriting. It has different witnessing or attestation requirements from other wills.
A holographic will may be used in a deathbed situation where a person who is close to death does not have a valid will in place. They may write a note as a last effort to make their wishes and intentions known. An attorney can further explain holographic wills in Montgomery County.
How Common Are Holographic Wills?
A holographic will is not as prevalent as a regular will. From time to time an attempt is made to probate a holographic will or a holographic will may be suggested to be in contention with a will that was previously created.
Laws Regarding These Documents
As stated above, a holographic will does not have the same witness requirements as a regular will. It is usually not as clearly written because it is written by the testator who does not have experience in drafting wills. For example, the typical decisions that one would see in a regular will are usually not covered in a holographic will.
When the intentions of the writer are clear and obvious, a holographic is probated in the same manner as a regular will. The interested persons of the estate are identified in the same way as a regular will.
However, if the terms are unclear or ambiguous, a court is most likely unable to carry out the terms of a holographic will. An attorney can further explain when a holographic will is considered valid and may be used.
Probating a Holographic Will in Montgomery County
A holographic will goes through the same probate proceedings as a regular will. However, depending on the circumstances, the probate process may be a judicial probate process as opposed to an administrative probate process.
As long as the court determines the holographic will to be valid, there are no specific rules regarding carrying out the intentions of the testator. In other words, if the holographic will is found to be valid, the court follows the terms of the document.
When a holographic will does not have a provision appointing or nominating a person to serve as personal representative, the court follows the order priority on a predetermined list of people to choose a representative. Essentially, the court determines who should be the personal representative based on their relationship to the testator.
An Attorney Can Answer Questions About Holographic Wills in Montgomery County
An attorney may assist someone attempting to probate a holographic will in Montgomery County or use the holographic will to contest a different will offered to the court for probate. An attorney can advise them on who has priority to serve as a personal representative in the person’s estate and can explain the different interpretations and issues the court might present or have with the holographic will.
In terms of a will contest, an attorney could also be of assistance to a person who is trying to present the holographic will as evidence of a newer will that revoked an older will. To learn how an attorney can help, call today for a consultation.