Recognizing that everyone will eventually pass on is part of life. While some people take the time and effort to make a will through an attorney, others do not. However, there are other forms of last wills and testaments that can be valid in a court setting. These are holographic wills. Oklahoma is a state that gives legal validity to holographic wills. However, certain requirements must be met in order for a holographic will to stand up in court.
Holographic Wills and the Requirements
Oklahoma has a certain set of requirements for holographic wills. If these requirements are not all present, the will is not a valid holographic will. They are:
- The will must be handwritten completely.
- The writing must be of the person making the will or at their purposeful direction.
- It must include the date of the writing.
- The will must also have the signature of the person making the will.
Again, if any one of these requirements is missing from the holographic will, then it will likely not stand up in court. This will send the estate into probate, which could take months to travel through the legal process.
Need Assistance With Creating A Formal Last Will And Testament? We Can Help.
Read or Cree County Legal Blog For More Information
Litigating Holographic Wills
While holographic wills are valid in Oklahoma, it does not mean people don’t contest them. Due to the informal nature of the wills, family members who are left out of inheritance are the most common to contest it. As you can see from the requirements above, a holographic will needs no witnesses. This gives rise to certain distrust by family members of the will’s validity already. Adding in an heir who was left from the will, and you have a hotbed for legal battles.
Estate Planning Attorneys
If you discover that you are in a situation that involves a holographic will, we can help. Our attorneys know the ins and outs of the inheritance laws and estate planning in Oklahoma. We have represented clients in estate battles and inheritance suits for years. Your first consultation is free. Let us lift the burden of fighting for you during this time of loss.