Holographic (hand-written) Wills |
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Hand-written wills are valid in Arizona. Pursuant to A.R.S. § 14-2503, “[a] will that does not comply with § 14-2502 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator.” Many people purchase form wills online or from supply or stationery stores. Those forms typically contain printed or boilerplate provisions followed by blanks where the testator identifies the property to be disposed of, designates the names of the beneficiaries and the percentages of the estate to which each beneficiary is entitled. Some cases previously held that those forms did not adequately reflect the testator’s intent to perform a testamentary act and, thus were unenforceable. Given the current wording of the statue, however, generally Holographic Wills on preprinted forms will be enforced in Arizona. However, it is generally inadvisable to use such forms since preparing a Will is a complicated legal document, which has many variations and can create many unforeseen issues. Thus, it is best to have a qualified attorney prepare a custom Will for your particular situation.
Our probate attorneys handle all types of disputes involving probate law, will contests, holographic wills and other issues. If you have a dispute or questions regarding a will, trust or estate, call our probate lawyers at 480-607-7900.
Hello,
Can a holographic will be revoked by the spoken intention of the testator?
Likely, no. Pursuant to A.R.S. 14-2507, a will may be revoked by (1) executing a new will that expressly revokes the earlier will or that is inconsistent with the earlier will, or (2) “by performing a revocatory act on the will if the testator performs the act with this intent or if another person performs the act in the testator’s conscious presence and by the testator’s direction.” A revocatory act includes, for example, obliterating or burning the will.
If a person makes a will in one state and then moves to another state, is the original will still valid or do they have to make a new one in the state they moved to?
It may depend on which state the person moves to. Generally the will would be “valid.” But, depending on which state the person move to, it may be helpful, if not necessary, to modify the original will or adopt a new will.