Sections Contest Property disposition Common types Other types Governing doctrines A holographic will, or olographic testament,[1] is a will and testament which is a holographic document, meaning that it has been entirely handwritten and signed by the testator.
For example, some jurisdictions historically required that a holographic will had to be signed by witnesses attesting to the validity of the testator's signature and intent.
Some jurisdictions that do not generally recognize unwitnessed holographic wills grant exceptions to members of the armed services who are involved in armed conflicts and sailors at sea, though in both cases the validity of the holographic will expires at a certain time after it is drafted.
The Guinness Book of World Records lists the shortest will in history as "Vše ženě" (Czech, "everything to wife"), written on the bedroom wall of a man who realized his imminent death.
[11] Holographic wills in Austria are legally binding, provided the entire will is personally handwritten and signed by the testator; section 578 of the Allgemeines bürgerliches Gesetzbuch (Austrian Civil Code) does not require the date or place of composition, although these are "advisable".
[16] Nødtestamente lapse after three months, unless the illness continued to prevent the testator from preparing a proper will.
[19] Holographic wills are recognized as valid in Germany under § 2247 of the Bürgerliches Gesetzbuch, provided the testator is both literate and at least 18 years of age.
Limited exceptions exist for members of the military during time of war, or persons aboard a seagoing ship or airplane.
The Civil Code of Spain permits holographic wills under § 688 for persons of legal age.
[28] Catalonia, an autonomous community of Spain, permits holographic wills under article 421-17 of its civil code.
[29] Holographic wills are governed by § 505 of the Swiss Civil Code[30] and are valid for mentally sound persons at least 18 years of age.
In order to be recognized as valid, a holographic will must be entirely handwritten and must contain the heading "Will"; the name, date of birth, and residence of the testator; a revocation of previous testaments; the provision of statutory entitlements to statutory heirs, such as children, spouse, registered partner, etc.
[31] Under article 1247 of the Civil Code of Ukraine, wills are required to be in writing, with a signature and the indication of place and date of its execution.
[32] The civil code also allows for persons aboard ships, in penal institutions, on active-duty military service, or in a medical facility to have their testament certified by a person in a position of authority (e.g. ship captain, warden, commanding officer, head physician).
If a handwritten will does not have the requisite witness signatures, it can be still accepted as valid at the judge's discretion, as per article 1879.
Article 1027 makes it possible, however, for a foreign holographic will to be valid in matters pertaining to the testator's relationship with Chilean nationals and his or her property in Chile.
[40] Holographic wills are permitted under the Mexican Civil Code [es], Chapter IV.
The entire document must be handwritten, signed, and dated by the author; foreigners may prepare holographic wills in their own language.
The author must then personally present the original and a copy, each marked with a fingerprint, to the General Archive of Notaries, in a sealed envelope.
[41] The following states recognize holographic wills made within the state, though witnessing requirements vary: Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.
A court can accept an informal will if it is judged to be an authentic representation of the decedent's last wishes.
[68] If these conditions are not met, courts can waive these requirements if they are satisfied that a document expresses the testamentary intentions of the decedent.
[68] Members of the defense forces or sailors at sea are considered "privileged testators" and can make an oral will.
[74] These requirements can be waived if the High Court of New Zealand is satisfied that the testator intended for the document to serve as their will.
[74] For active-duty military and "seagoing persons", any informal testament, "written or oral", can be considered valid, provided the court is satisfied that the will represents the decedent's testamentary intentions.
[74] A holographic will is the subject of John Grisham's 1999 legal thriller The Testament, and also his 2013 novel Sycamore Row.