Creating a will is one of the best ways to look after your loved ones and give yourself peace of mind. While some folks assume estate planning is only for the ultra-wealthy, the truth is, everyone benefits from planning their affairs.

When it comes to wills, particularly handwritten ones, California has some interesting laws. Many people are curious—are handwritten, or “holographic” wills, even legal in the Golden State?

The answer is yes, but there are important details to understand. Let’s unpack everything you need to know about handwritten wills.

What is a Holographic Will?

A holographic will, often called a handwritten will, is exactly what it sounds like—a will entirely in the handwriting of the person creating it. It’s usually made without the guidance of an attorney, often drafted during urgent or unexpected situations. These wills are often created in urgent or unexpected situations.

For instance, someone facing a sudden medical emergency might use a holographic will to record their wishes if they don’t have a formal will in place. It can also be a temporary solution until a more formal document is made. Note that they are not always the best option for estate planning since they are more vulnerable to being challenged in court.

Legal Requirements of a Holographic Will in California

California allows for handwritten wills, but they must follow a specific set of rules to be valid. Let’s dive into the basic requirements laid out by the California Probate Code Section 6111:

1. Handwritten Content

For a holographic will to hold up in court, the entire document must be handwritten by the person making it (known as the testator).

Typed or computer-generated text won’t qualify. The state’s courts are quite clear on this; if a will includes printed forms, only the handwritten portions will count.

2. Signature of the Testator

A handwritten will must be signed by the testator. Although the state doesn’t specify where this signature should be placed, it’s common practice to add it at the end.

The signature confirms that the will reflects the testator’s wishes, making it essential to establish its authenticity.

3. Date

While not mandatory, dating a handwritten will is strongly recommended to avoid potential disputes. Without a date, there can be confusion if there are multiple versions of the will.

An undated will could even be challenged if it conflicts with another document created at a different time.

4. Witnesses: Not Required But Helpful

Unlike most wills, California doesn’t require witnesses for a holographic will. However, having witnesses can add an extra layer of protection if someone decides to contest the will.

Witnesses can help verify the testator’s mental state at the time of writing and the will’s authenticity.

5. Testamentary Intent

To be valid, a holographic will must clearly express the testator’s intention to distribute their property after death.

Essentially, the will needs to look and sound like a last testament. If there’s any ambiguity about its purpose, the will’s validity might come into question.

6. Testamentary Capacity

The law requires that the testator be of sound mind and at least 18 years old when creating a will. The mental clarity of the testator is crucial to prevent the will from being contested due to questions about their state of mind.

Benefits of a Holographic Will

Although formal wills tend to offer more stability, a holographic will has its advantages, especially if you need something quickly:

• Convenience and Low Cost: Writing a holographic will can be done at little to no cost, which may be helpful in certain urgent situations. There’s no need to schedule appointments or pay for legal services upfront.
• Privacy: Since witnesses aren’t required, the testator can keep their intentions private, even from close family members. It’s a straightforward option for those who want confidentiality.

Potential Challenges of a Holographic Will

While convenient, handwritten wills come with a set of challenges that may make them vulnerable:

Legibility Concerns

One major risk of handwritten wills is illegibility. If a will is difficult to read, it can cause issues in interpreting the testator’s wishes accurately.

Vulnerability to Contest

Since there are no witnesses, holographic wills can be more susceptible to disputes. Common grounds for contesting a holographic will include questions about the testator’s mental state, possible undue influence from others, or even accusations of forgery.

Potential for Errors and Omissions

Without legal guidance, handwritten wills are prone to mistakes. Certain important details may be missed, and in more complex estates, a lack of structure could lead to conflicts among family members or overlooked assets.

Proving Mental Capacity

Since no witnesses are required, it may be harder to confirm the testator’s mental state when the will was written. This could become an issue in court if someone questions the testator’s soundness of mind.

Why a Formal Will Offers Greater Security

While handwritten wills are legal in California, a formal will offers more security, particularly for individuals with complex estates or specific wishes for their assets.

A formal will is usually drafted with an attorney who ensures all the legal requirements are covered, reducing the chances of disputes later.

Reduced Risk of Challenges

Formal wills follow strict legal standards, which makes them less likely to face challenges in probate court. However, the choice between a formal and holographic will often depends on individual circumstances, including the complexity of the estate and the urgency of the situation.

Attorneys work to ensure that the document is clear, complete, and properly signed, reducing the likelihood of any confusion or room for interpretation.

Clarity and Thoroughness

A formal will crafted with professional guidance can provide a comprehensive, clear breakdown of assets, making it harder for disagreements to arise among family members.

This is particularly important in blended families or for those with special bequests, as it eliminates uncertainty.

Addressing Complex Situations

For individuals with unique family dynamics, a mix of different assets, or other specific requests, a formal will is a more secure option. Even then, formal wills can still be challenged if there are concerns about the testator’s capacity or undue influence.

Attorneys can also help draft trusts, powers of attorney, and other estate planning tools, which might be missed in a handwritten will.

Need Help with Estate Planning? Contact Eric Ridley Law Office Today

At the Law Office of Eric Ridley, we’re here to make estate planning as easy and stress-free as possible. I understand that thinking about these matters can be overwhelming, and my goal is to help you create a plan that protects your family and gives you peace of mind.

Whether you’re considering a handwritten will, a formal will, or other estate planning options, I can help guide you every step of the way. I offer flexible consultations by phone or Zoom, so you can reach me on your schedule. And remember, your consultation is free! Call (805) 244-5291 today, and let’s talk about how we can protect what matters most to you.