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Tip Your will should be typewritten or printed using a computer printer. Using any other format is asking for trouble. About one-half of the states will accept a handwritten (also referred to as a holographic) will. Such a will must be entirely written in the testator's handwriting. Most states that accept holographic wills do not require that the will be witnessed to be valid. However, holographic wills are highly prone to forgery, fraud, undue influence, and other improprieties that lead to a will contest. Probate judges dislike them because of the troubles they cause, so they are very strict when interpreting the provisions of these wills. Many states do require witnesses to prove that it was the decedent's handwriting. A few states also accept oral or nuncupative wills. This type of will is even more suspect than a holographic will. Where it is accepted, an oral will is usually limited to a situation where the will maker is facing imminent death. Many states also require that the statements be made in the presence of two or three witnesses, and some requirement that the statements be reduced to writing within a short period of time after they are made. At the bottom of the heap are video-taped "wills." At present, these are not accepted as wills in any state and any video declaration made must be backed up by a valid written will. Video-taping your will was highly chic at one time and is still used today (e.g., to establish the soundness of the testator's mind and body or the absence of undue influence). It can also be used to explain why you distributed your assets the way that you did, for example, providing more to one child than another. Keep in mind that, even in probate court, anything you say as the video-taped testator can and will be used against you. |