Holographic (hand-written) Wills

August 28th, 2010 Leave a comment Go to comments
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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.

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