Life throws unexpected events our way time and time again, forcing estate planning to often (understandably) take a back seat. But after watching friends and clients forced to navigate the slow, time-consuming, probate process because of a lack of a Will for their loved ones that died (this is called dying intestate), it became clear to me just how important it is to have a well-thought-out estate plan. It’s these moments that remind us that our decisions about our legacy need to be made with care, so our loved ones are protected when we’re no longer around.
Here at PayneLess Law, we strive to provide a PayneFree™ Estate plan that will fit your needs. PayneLess Law understands how deeply personal estate planning is. We also know how complex it can be to go through alone. Sometimes, the simplest solutions offer the most comfort, but sometimes taking the first step can be the hardest. And sometimes, we don’t recognize the need for estate planning until the need becomes immediate. One solution to getting started easily and quickly is your own handwritten Will, known as a holographic Will. A Holographic Will does not avoid probate, but at the very least it makes the probate process easier and provides some direction to your loved ones.
You can write a Holographic Will in your own hand, and in some cases, it might be the quickest way to ensure your wishes are known. On the surface, it may seem like a straightforward way to set down your final wishes, especially if time is tight or you’re unable to access professional help. But, like everything in law, there are many fine details, which means it is not a substitute for a complete estate plan. Let’s look at how holographic wills work in Arizona and whether one might be the right choice for you as a first step in your estate planning journey.
What is a Holographic Will in Arizona?
According to Arizona’s Probate Code (A.R.S. § 14-2503), a holographic will is a document signed by you and that has the material provisions in your handwriting. A printed “Will” form that you complete in your handwriting (as opposed to a computer or typewriter) may be a valid holographic will if the handwritten portions are the material provisions if the printed parts are ignored. What are the material provisions needed for a holographic will? Material provisions can include identification of property and the beneficiaries and signed by you. The signature does not have to be at the end of the Will, it can be anywhere on the document. Also, although a holographic will does not absolutely need to be dated to be valid, dating the document is helpful if there are competing wills to determining which is the most recent.
Are Holographic Wills Legal in Arizona?
The answer is yes. A.R.S. § 14-2503 does recognize holographic wills, giving you the option to create one if necessary. Holographic wills are legally valid if your signature and material provisions (property, beneficiaries, wishes, etc.) are in your handwriting.
Let’s break down those requirements so you can understand what makes a holographic will valid under Arizona law.
Legal Requirements for Holographic Wills in Arizona
- Signature and Material Provisions are Handwritten: The most important rule is that the will must be signed by you and the material provisions are in your handwriting. Parts of the Will can be typewritten or computer generated, like an online form or preprinted form, but the “material” parts, such as identifying your property and who is the beneficiary to inherit your property, as well as other instructions like burial or cremation, are in your own handwriting.
- Signature: Your signature is crucial. It needs to clearly indicate your intent to finalize the document. It does not matter where you sign, meaning it doesn’t have to be at the end, but you must sign it. In Arizona, there’s no need for witnesses for the will to be considered valid, but your signature is non-negotiable.
- Testamentary Capacity: You must be at least 18 years old and of sound mind at the time you write the will. If someone challenges your mental capacity later, the will could be disputed in court. Often, hospital bed created holographic wills are challenged for lack of testamentary capacity.
- Date: Including the date is highly recommended. If more than one will exists, the most recent one takes precedence, and the date helps avoid any confusion. But dating the holographic will is not a requirement for validity.
Why Consider a Holographic Will?
There are a few reasons someone might turn to a holographic will. Let’s explore some of the benefits:
- Accessibility: If you’re in a pinch—like an emergency or a sudden change in circumstances—a holographic will can be quickly created. No need to wait for a lawyer or spend time drafting a formal document.
- Cost-Effective: This type of will saves you money since it doesn’t require formal drafting, notarization, or other legal services. It’s just you, your pen, and your paper.
- Privacy: You can write a holographic will in private. There’s no need to involve witnesses or other individuals unless you choose to share it with someone.
Challenges of Holographic Wills
While they can be convenient, holographic wills come with their own set of challenges:
- Validity Concerns: Since they’re handwritten, the handwriting can be disputed. If someone claims the will wasn’t actually written by you or that you weren’t of sound mind when you wrote it, your wishes might not be honored.
- Interpretation Issues: Sometimes handwritten documents aren’t as clear as we think they are. Ambiguity in your language can lead to misunderstandings or disputes among your heirs. What might seem clear to you might not be clear to others.
- Complexity: Holographic wills are often not ideal for estates with complex assets, such as property, trusts, or businesses. If your estate has more than just a few simple assets, a holographic will might not cover all the bases.
- Probate Issues: Holographic wills are not self-attesting. Therefore, when your loved ones open a probate to admit the will, they must prove that the will’s material provisions and signature are yours.
Holographic Wills vs. Self-Proved Wills
While holographic wills don’t require witnesses, Arizona also allows for self-proved wills, which can streamline the probate process. These wills are typically typed signed by you, witnessed by two individuals, and notarized under an oath where you and the witnesses swear that you are of sound mind and acting voluntarily.
For many, this extra step adds peace of mind that their will is more difficult to contest and will move through probate smoothly. This option may not always be necessary, but it’s worth considering if you have the time and means to make it happen.
Ensuring Your Handwritten Legacy is Valid
Writing a will by hand might seem like a simple solution, but there are potential pitfalls. At PayneLess Law, we are here to help you understand the complexities of estate planning, even when it comes to holographic wills.
If you’re thinking about writing your own will or you’ve already written one and want to make sure it holds up in court, we’d be happy to offer guidance. Don’t leave your final wishes up to chance. Call us today at 480-420-7199 or schedule a PayneFree Consultation to discuss your estate planning needs, or fill out our online contact form. Together, we can help ensure that your legacy is protected, and your loved ones are taken care of.
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