Q: Valid holographic will?
My grandmother passed away a month ago and left a holographic will. In this, she said to leave everything to my aunt (her daughter) and to disinherit my mother (her other daughter) and me and my siblings. The will is dated, but it not written in my grandmothers writing, and the actual paper is not signed. A separate sheet is attached with only her signature on it. There is no other will. Is this holographic will she wrote valid?
A: This is tough to answer without seeing the documents, but essentially it seems like it probably is not a valid holographic will. It is a requirement of a holographic will to be in the decedent's handwriting. The fact that it is not in her handwriting alone might make it invalid.
A: You should retain competent probate counsel to review the documents and the circumstances leading up to the preparation and signing of the documents.
A: A Holographic will that is handwritten, dated, and signed by the testator (your grandmother) can be valid. However, what you describe has two potential problems for your grandmother: First of all I believe that the Will must be totally in your grandmother's writing. Secondly, it is usually signed on the same page as the contents of the Will. The fact that it has only a signature on the last page begs the possibility of a defective will. My guess is that it would not be admitted into Probate.
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