People may leave holographic wills rather than documents drafted by a lawyer for a number of reasons. Some testators do not trust anyone else with their last wishes. Others may find themselves needing to plan in an emergency where they cannot access legal assistance. Still others decide to draft a holographic will because it is a cost-effective solution.
A holographic will is a handwritten document created by the testator who wants to establish their estate plan. In some cases, a holographic will is very easy to validate. Other times, family members may have questions about the validity of a document theoretically drafted by a recently deceased individual. When is it possible for family members to contest or challenge a holographic will?
When there are questions about its origins
Technically, holographic wills are usually only enforceable in scenarios where other people can validate the handwriting of the testator. Other people need to readily recognize their writing and signature for the courts to treat a holographic will as a valid testamentary instrument.
In scenarios where the handwriting or signature does not seem to align with other examples of handwriting from the testator, people may have reason to question the validity of the document.
When the will doesn’t meet necessary standards
Any will is potentially subject to contests in probate court if it does not align with state statutes. Typically, wills need to include the signature of the testator and also signatures from two witnesses.
The will should not include any illegal terms. Occasionally, there may be questions about undue influence. If a third party may have been present, they could have actively pressured the testator into including certain terms.
Other times, the date when the testator drafted the document could lead to questions about whether they had the requisite testamentary capacity. If someone drafted a document after they had already begun experiencing cognitive decline, their loved ones may have concerns about whether they have the capacity to understand the impact their will could have on others.
Contesting a holographic will can be an option in specific circumstances. Families who understand the requirements for wills may feel more comfortable speaking up when they are uncertain about the validity of testamentary documents.