What is a Holographic Will?
A holographic will is a handwritten by the testator that is not witnessed. These wills are not recognized in Florida.
Here’s why Florida courts refuse to recognize holographic wills:
- Lack of required provisions: There are frequently complications that occur with these kinds of wills because they tend to be written hastily and are not executed according to particular statutory provisions.
- Vulnerable to challenges: Because of the common issues with lack of certain statutory provisions, these types of wills are very vulnerable to challenges. If there is no properly executed will, then the decedent’s estate would pass under the laws of intestacy and their wishes might not be fulfilled.
- Not of sound mind: Holographic wills are most commonly used in circumstances of imminent death, when no other will exists. A dying person who quickly creates a holographic will might not be considered of sound mind, which is one of the requirements for making a legally binding will.
It is in your best interest to go through all of the proper protocols and processes for drafting a will in accordance with Florida law. To learn more about the steps you can take to plan your estate reliably, contact an experienced Florida estate planning attorney at BaumannKangas Estate Law.