Holographic will

A holographic will, or olographic testament,^[1] is a will and testament which is a holographic document, meaning that it has been entirely handwritten and signed by the testator. Holographic wills have been treated differently by different jurisdictions throughout history. For example, some jurisdictions historically required that a holographic will had to be signed by witnesses attesting to the validity of the testator's signature and intent.

In many jurisdictions, holographic wills need to meet only minimal requirements to be valid:

In other jurisdictions, holographic wills are only accepted if created in emergency situations, such as when the testator is alone, trapped, and near death. Some jurisdictions that do not generally recognize unwitnessed holographic wills grant exceptions to members of the armed services who are involved in armed conflicts and sailors at sea, though in both cases the validity of the holographic will expires at a certain time after it is drafted.

The format of a holographic will can vary greatly. The Guinness Book of World Records lists the shortest will in history as "Vše ženě" (Czech, "everything to wife"), written on the bedroom wall of a man who realized his imminent death.^[2] It was deemed to meet the minimum requirements under Czech inheritance law, being his own work and no one else's. On 8 June 1948, in Saskatchewan, Canada, a farmer named Cecil George Harris who had become trapped under his own tractor carved a will into the tractor's fender. It read, "In case I die in this mess I leave all to the wife. Cecil Geo. Harris." The fender was probated and was deemed valid as his will under Canadian inheritance law.^[3] In the U.S. State of Arizona, the postscript to a letter was upheld as a valid holographic will.^[4]

– under the Louisiana Civil Code such a will is known as an "olographic testament,"^[1] and must be proved by the testimony of two credible witnesses that the testament was entirely written, dated, and signed in the testator's handwriting.^[1]

Louisiana

– under the Texas Estates Code (which replaced the prior Texas Probate Code), "a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses."^[50] However, a holographic will can be self-proved at creation by the testimony of two witnesses, both of whom must be at least age 14 when the will was formed (similar to a regular will); in addition, "[s]uch a will may be made self-proved at any time during the testator's lifetime by the attachment or annexation thereto of an affidavit by the testator to the effect that the instrument is his last will; that he was at least eighteen years of age when he executed it (or, if under such age, was or had been lawfully married, or was then a member of the armed forces of the United States or of an auxiliary thereof or of the Maritime Service); that he was of sound mind; and that he has not revoked such instrument."^[51] But if the will was not self-proved, at probate "a will wholly in the handwriting of the testator may be proved by two witnesses to his handwriting, which evidence may be by sworn testimony or affidavit taken in open court, or, if such witnesses are non-residents of the county or are residents who are unable to attend court, by deposition, either written or oral, taken in accordance with Section 51.203 [of the Texas Estates Code] or the Texas Rules of Civil Procedure."^[52]

Texas

– upon clear and convincing evidence proof the decedent possessed intent to make a valid will,^[53]^[54] signed by the testator with material portions of the document in the testator's handwriting,^[53] and describing specific bequests with reasonable certainty.^[55] No witnesses required.^[53]

Utah

– upon clear and convincing evidence proof the decedent possessed intent to make a valid will,^[56] signed by the testator,^[57] the will must be wholly in the handwriting of the testator (handwriting proven by at least two disinterested witnesses^[57] or the will was written in the presence of one disinterested witness if executed before 1922^[58]).

Virginia

In popular literature[edit]

A holographic will is the subject of John Grisham's 1999 legal thriller The Testament, and also his 2013 novel Sycamore Row.

Serving at a Battalion Aid station under heavy enemy fire, Hawkeye Pierce creates a holographic will in the M*A*S*H episode "Where There's A Will, There's A War".

The final episode of the Netflix series House of Cards includes a holographic will as a crucial element of the plot—although if, as is implied, the will was written in a Washington, DC hotel, it would not be legally valid, as local inheritance law generally does not recognize holographic wills.