Also known as: holographic will · holographic wills · handwritten will doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine permitting a will to be valid without witnesses or other formalities if the signature and material portions of the document are in the testator's handwriting.
Holly Hayes sat in her truck cab and used a stylus to write out her wishes in cursive on a mounted tablet. She stated that her entire estate should go to her fiancé and nothing to her son. The tablet captured every stroke of her handwriting and stored the record electronically after the device synced to the cloud. The court admitted the document to probate because the signature and material portions remained in Holly's own hand.
Hunter Hughes wrote a letter to his companion while traveling and signed it at the bottom. The letter directed that his Montana property should pass to her upon his death. After Hunter died the companion offered the letter for probate. The court treated the letter as a valid holographic will because the signature and dispositive language were entirely in Hunter's handwriting.
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Testamentary intent is the most litigated and tested element. Courts examine the language of the document to determine whether the writer intended it to operate as a will. The UPC approach focuses on whether the material portions are in the testator's handwriting while still requiring clear intent.
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Under the Revised UPC only the signature and material portions need to be in the testator's handwriting. Printed headings or surplusage may be disregarded if the handwritten provisions make sense as a will on their own.
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The statute requires the material portions to be in the testator's handwriting. A digital stylus capture that preserves the exact pressure speed and flow of the writing may satisfy the requirement if the record allows comparison to known samples and shows no alteration by others.
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Neither the Original nor the Revised UPC requires dating. The will remains valid without a date provided the signature and material portions appear in the testator's handwriting.
A testator may validly alter a holographic will by hand after signing without adding a new signature. The changes become part of the will if they are in the testator's handwriting.
…created a parcel of approximately 90 acres and are the primary subject of this appeal. ¶8 On May 3, 1989, Kuralt executed a holographic will which stated as follows: May 3, 1989 In the event of my death, I bequeath to Patricia Elizabeth Shannon all my interest in land, buildings, furnishings and personal belongings on…