In Georgia, the difference between handwritten wills and holographic wills is substantial: one may be valid; the other is invalid.
If you are deciding whether to probate or contest a Last Will and Testament that is not typed, it is important to understand the difference. It is also important to understand the law in the state(s) where probate will take place because some states recognize both types of wills, but, others do not recognize holographic wills.
What is a Last Will and Testament?
A Last Will and Testament is a legal document that states a person’s desires for the distribution of their assets after death and designates an executor who will be responsible for carrying out the plan set forth in that document.
If a Last Will and Testament is not properly drafted and executed, it will not be legally enforceable.
What is a handwritten will?
Although most wills are typed, handwritten wills may be valid in Georgia, as long as they meet the state’s legal requirements for a valid Last Will and Testament. Among Georgia’s requirements for a valid will, the document must be signed by the by the testator (the person who is making the will) or some other person that the testator has asked to sign the will on their behalf, in front of two competent witnesses. (These are not the only requirements for a valid will under Georgia law. Consult with an attorney for more information).
What is a holographic will?
A holographic will is also handwritten and may be signed by the testator, but it is not signed by the requisite number of witnesses. This type of will is recognized in some states, but Georgia is not one of them.
In states that recognize them, even a handwritten letter can constitute a valid holographic will. For example, a letter addressed to the family members of a deceased person, that includes directions for the distribution of the deceased’s assets after death, and is found in a safe deposit box or among the deceased’s other important papers, may be deemed a valid last will and testament in states that recognize holographic wills.
Following Aretha Franklin’s death, her family found three handwritten documents in her home with directions for the distribution of her assets after her death. Two of the documents were dated 2010 and one was dated March 2014. The documents totaled sixteen handwritten pages, each of which was signed by Ms. Franklin, and contain substantial scratched out portions, margin notes, and occasional digressions. Courts in Ms. Franklin’s home state, Michigan, will be charged with determining whether and to what extent those documents are legally enforceable holographic wills.
Should I contest a will?
Before initiating a will contest, consider whether you have sufficient evidence is sufficient to support your claim, or if you reasonably expect to discover such during litigation.
If you plan to contest a will, consult an experienced attorney who can evaluate your case to determine the best course of action.
For more than 30 years, the attorneys at Gaslowitz Frankel have navigated successful outcomes in disputes over wills without resorting to litigation. If you are involved in a will dispute and need legal assistance, contact us today at 404.892.9797.
