16 October 2020

What's All This Holographic Wills Stuff, Anyway?

 

A holographic Will is a Will that is handwritten by the testator, then signed and dated by the testator. Holographic Wills are valid in about half of the states. Execution of a holographic Will does not include the the presence of witnesses to attest to its validity, and as such, a holographic Will is not deemed valid by Minnesota courts.

Minnesota law is unwavering in its requirements for the execution of a Will. Even if you are on your deathbed, any attempt to draft and execute a Will that omits the statutory formalities will result in an instrument that bears no legal validity.

Generally, a Will that has been validly executed in one state is recognized by the courts in Minnesota. However, that is not the case with holographic Wills. A holographic Will legally executed in a state where it's recognized will nevertheless be deemed invalid if probated in Minnesota. Minnesota courts simply do not recognize holographic Wills, regardless of where they were executed.

Two other types of Wills also not recognized by Minnesota courts are oral (nuncupative) Wills and electronic Wills.

Oral Wills are delivered orally to witnesses, and are typically a "dying declaration," later transcribed to writing by the witnesses within a short period of time after the testator's death. Oral Wills are valid in about 20 states.

Electronic Wills, where the Will is signed by the testator and witnessed remotely by Notaries (sometimes in another state). Electronic Wills are fairly new, but aren't gaining much traction with state legislatures. They are valid in only a handful of states at this time.

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This is another reason it is so important to craft your estate plan now, to ensure the security of your assets for your loved ones. Talking to a qualified Minnesota estate planning attorney is the first step.