Adults who have even a basic will in place have done more planning than most people. It is common for people to procrastinate for decades about estate planning. Most people do not have wills. Any estate planning is often better than ignoring the process entirely.
However, some people may approach estate planning with an overly simplistic mindset. They might draft a holographic or handwritten will. Technically, Colorado does acknowledge the validity of holographic wills. However, they can complicate probate proceedings and estate administration after the author of the will passes.
Most people derive more benefit from professionally-drafted documents than they do from handwriting their own wills. What are some of the potential issues associated with holographic or handwritten wills?
1. Legally non-compliant documents
Even a handwritten will must meet basic state standards. Those standards include having witnesses and appropriate language included in the document. People who attempt to draft their own wills may fail to include necessary language. They may also draft their documents without witnesses, which can lead to questions about the validity of the document or the mindset of the testator later.
2. Disputes about the handwriting
Holographic wills require verification that they are truly testamentary instruments drafted by the testator. Other people have to acknowledge the handwriting of the testator when reviewing the will later.
Particularly in scenarios where people do not write often or where medical challenges may have changed their handwriting, there may be disputes about the validity of the will later because of how their handwriting looks to others.
3. The possibility of a missing will
A will drafted by a lawyer is easy to access in many cases. The testator may store it in a safe or may leave it with the attorney for safekeeping until it is needed later.
Handwritten or holographic wills are easy for people to overlook when going through an individual’s possessions. The family may end up pursuing intestate succession proceedings because they do not find the will in a timely manner.
Understanding the challenges generated by handwritten documents may help people see the value in working with a lawyer to draft a will. Testators with wills drafted by lawyers can feel confident about the legal validity of their documents and the ability of their loved ones to locate and follow their will after their passing.