Our Claremore attorneys can help you with your Oklahoma wills and estate planning concerns. Because passing on is an inevitable reality, it is important to create a will and Estate Plan to have your affairs prepared in the way that achieves your goals. Your surviving loved ones can follow your
final wishes instead of having to go through a lengthy and often negative experience to divide your assets. At times, people do not use an attorney–although we highly recommend you do. Some people prefer to have a handwritten will, which are holographic wills. These will are valid, but only under certain conditions.
Requirements of a Holographic Will:
For the state of Oklahoma to honor and consider a holographic will valid, it must meet certain conditions listed under 84 Okl.St.Ann. § 54. The most notable are:
- The person making the will must be the one to write the will;
- The will must be entirely handwritten;
- It must be dated by the person making the will; and
- The will must have the signature of the person whose will it is.
Oklahoma wills and estate planning requires each of these parts to exist before it will recognize a holographic will, but it does not require witnesses to these wills. However, not all states consider holographic wills valid, and it is important to remember that. Further, in Oklahoma a holographic will does not necessarily have to be on paper. A famous example is of a man trapped under his vehicle. While there, he scratched his final wishes into the fender of the vehicle. This was a valid holographic will in court.
Holographic Wills and Disadvantages:
Oftentimes, holographic wills are the source of vicious court battles. Due to the handwritten nature of holographic wills, they are often short. As a result, sometimes family members who feel deserving of a portion of the estate do not receive a share. This can result in long-term family riffs and unnecessarily lengthy and costly probate cases. This is not what a person wants loved ones to deal with as a result of their passing. That is why is it important to consult an attorney regarding your will.
Oklahoma Wills and Estate Planning Attorneys Can Help
If you are concerned about the validity of your holographic will call us. On the other hand, if you find yourself in court over a holographic will and inheritance issues, call us then too. Our attorneys have experience in estate law. Their expertise can help guide you through the estate planning or inheritance process. Let us help protect you and your loved ones rights during this time of loss. Read our Claremore attorneys blog or call us direct at 918.379.4872
