Holographic will - sustany/dvg GitHub Wiki

Holographic will is an unattested will that is written and signed in the testator�s own handwriting. A holographic will, by definition, does not need witnesses to be valid. Therefore, holographic wills are different from typical wills because a holographic will does not have an attestation requirement. Some states and jurisdictions do not recognize holographic wills. Requirements to create a valid holographic will vary according to state law.

For example:

1. Texas requires the entire will to be written in the testator�s handwriting. Texas Estates Code Title 2 Section 251.001 states �a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.�
2. Utah will recognize a holographic will if material portions of the will are in the testator�s handwriting, meaning the will does not have to be entirely in the testator�s handwriting. Utah Code Section 75-2-502 states a will �is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator�s handwriting.�
3. New York only recognizes holographic wills made by certain people; namely armed forces members engaged in combat. New York Consolidated Laws Estate,� Powers, and Trusts Article 3 Part 2.2 states holographic wills are valid only if they are made by (1) �a member of the armed forces of the United States while in actual military or naval service during a war, declared or undeclared, or other armed conflict in which members of the armed forces are engaged� (2) �a person who serves with or accompanies an armed force engaged in actual military or naval service during such war or other armed conflict� or (3) �a mariner while at sea�.