Is a Handwritten Will Legal in California
Jul 22 2020 0

Is a Handwritten Will Legal in California?

Technically, you could handwrite your will if you wanted to. In the state of California, a will must be in writing and be signed by the individual who made it. The other thing that must happen for a will to be valid is for it to be signed in the presence of a minimum of two witnesses. When a will is done using a Los Angeles estate planning attorney from Leiva Law Firm, professionals will thoroughly review their client’s information and have their wishes carefully drawn up into a legal document. In addition to the signature on the final page, they will also take the extra precaution of having their clients initial each page.

However, having a will in California be typed up is not necessary for its validity. An individual who wants to handwrite their will can do so and because California recognizes holographic wills, the document would be legal. Even though this is true, handwritten wills may encounter some serious problems and potential complications that are important to understand. 

What Issues Arise with Handwritten Wills?

Holographic is a term that indicates a document has been written completely in the handwriting of the person who signs it. When handwriting a will, there need not be witnesses the way they are required for prepared wills by a California estate planning attorney. As long as all of the details or the material provisions, as they are known were handwritten by the individual that the will is meant for and who signs it, no witnesses are necessary. 

The point of a will is so that your estate and assets are managed the way you want. You want to have your wealth smoothly transition to the beneficiaries you choose without forcing them into a long legal battle to receive their inheritance. Unfortunately, handwritten wills do not hold up to scrutiny well. If a person wants to challenge their authenticity arguing that the writing was a forgery or not done by the testator, the person who writes their own will, it is likely a costly and lengthy legal battle will ensue. 

The outcome of the litigation can be unpredictable and you may end up having your assets inherited by an individual who you did not want to receive them. When you want to ensure that your estate goes to who you want and is handled how you desire, working with a lawyer will better protect your life’s work and those loved ones you want to benefit from it after you pass on.

Where Can You Get Help with Your Will In California?

Is a Handwritten Will Legal in CaliforniaWhen you have a valid will that fulfills legal standards, is clearly written stating your objectives, can be effortlessly interpreted, and has been certified to be yours, it is much less likely your beneficiaries will have issues. A handwritten will puts your assets in jeopardy and can create a stressful and expensive legal mess for your loved ones. In the end, it is best to connect with the Los Angeles business lawyers at Leiva Law. Call Leiva Law at (818) 703-1777 to schedule your free consultation today.

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