Holographic Will

Also known as: Nuncupative Will, Oral Will

In one sentence

A will written entirely in the testator's own handwriting without witnesses.

Plain English

A holographic will is a handwritten will that you write yourself without needing witnesses or a lawyer. The entire document must be in your own handwriting to be valid in most states that recognize them. While holographic wills are cheaper and more private than formal wills, they can be risky because they're more easily challenged and may not meet all legal requirements. Some states don't recognize holographic wills at all.

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Example

During a hospital stay, Robert wrote out his wishes in his own handwriting on a legal pad, leaving his house to his son and his savings to his daughter. Because it was entirely handwritten by Robert, it qualified as a holographic will in his state.

Used in a sentence

“The holographic will was admitted to probate even though it lacked formal witnesses because the entire document was in the deceased's handwriting.”

Related terms

Executor

The person appointed to carry out the instructions in a will.

Probate Estate

Property owned by a deceased person that passes through the court-supervised probate process.

Revocation

An offeror's withdrawal of an offer before it's accepted, ending the power to form a contract.

Codicil

A written amendment or addition to an existing will.

Writing Requirement

A legal rule that certain contracts or agreements must be documented in writing to be valid.

Probate

The court process of validating a will and distributing a deceased person's estate.

Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

Elective Share

A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.