When planning for the future, many people think about writing a will. Some may consider writing it by hand in the hopes that it will save time and effort.
One name for a handwritten will is a “holographic will.” While California does recognize holographic wills, they come with risks that could make them a poor choice for many people.
Requirements for a holographic will in California
In California, a holographic will must meet a few basic rules to be valid. For starters, the entire will must be in the testator’s handwriting, and it also needs to include the date and the person’s signature.
Additionally, the will must clearly explain who gets what after the person passes away. Even with these requirements, a holographic will can still be problematic for a family.
Problems with holographic wills
One of the biggest issues with holographic wills is that it is easy to challenge them in court. Because they are handwritten documents, there is often more room for misunderstandings. A court may question whether the person was in the right state of mind when they wrote the will or if someone forced them to write it. Without witnesses to back up the will’s authenticity, these cases can take a long time to resolve.
Another common problem is unclear or incomplete language. When someone writes their own will, they may leave out important details. For example, they may forget to include what happens if one of their beneficiaries passes away before them. These kinds of mistakes can lead to legal battles among family members, causing stress and delays.
Lastly, a holographic will may not cover all the legal requirements needed to settle an estate. This can create more work for the courts and lead to extra costs for the family.
While it may seem easier to write a will by hand, the risks often outweigh the benefits. Mistakes, unclear language, and potential challenges can cause more problems than expected. Many people who take protecting their families seriously prefer to use more reliable options that ensure their wishes get carried out smoothly after their passing.