In some cases, a handwritten Will can be considered valid and admitted to Probate Court. Under Tennessee law, a handwritten Will is called a “Holographic Will.” It is not necessary that the document be witnessed, but all the material provisions and the signature must be in the Testator’s handwriting.
What does “Testator” Mean?
The testator is the person who is making the Will.
How Do You Prove a Valid Handwritten Will?
The Testator’s handwriting must be proven by 2 witnesses. Before petitioning the Probate Judge to admit the document to Probate Court as a valid Last Will and Testament, the Executor will likely have to find 2 people who can testify that the material provisions and signature are in fact written in the Testator’s handwriting.
Why We Don’t Advise Handwritten Wills
While writing your own Will seems like a simple solution to making sure your assets go where you want them to go after your death, there are many pitfalls. For example:
- You may mistakenly believe that the disposition of certain assets will be governed by the terms of your handwritten Will.
- A handwritten document is more easily lost.
- A handwritten Will requires additional proof to be admitted to Probate Court.
- When you handwrite a Will, you are likely to amend or rewrite that Will in the future. You are more likely to leave multiple handwritten documents that contain conflicting provisions.
- Pertinent provisions may be left out of a handwritten Will, including provisions relating to the disposition of assets or provisions that may ease the burden of administrating the Estate.
- Many handwritten Wills are not properly executed and are unable to be admitted to Probate Court.
A Will drafted by a Probate Lawyer is likely to more clearly convey your wishes so that it can be correctly interpreted by your Executor and the Probate Court Judge after your death.
Need a Will? Call a Probate Lawyer.
If you would like to speak with a Probate Lawyer about a Will or about how to make sure your wishes are carried out after your death, give us a call at 901-372-5003 or email us here. With offices in Memphis and Nashville, you can also visit our website to learn more about our attorneys and the work that we do for our clients.