A holographic will is a type of will that is handwritten and signed by the testator (the person making the will). In Tulsa County and Oklahoma as a whole, a holographic will is legally recognizable and enforceable under certain conditions. Here, we’ll discuss how you can make a holographic will and ensure its enforceability in Oklahoma.

Requirements for a Holographic Will in Oklahoma

To be valid and enforceable, a holographic will in Oklahoma must meet the following criteria:

Entirely Handwritten: The testator must write the entire will by hand. Any typed or printed portions may invalidate the document.

Signed by the Testator: The testator must sign the will. The signature authenticates the document as the testator’s own and expresses their intent to make the document their last will and testament.

Testamentary Intent: The document must clearly express the testator’s intent to dispose of their property upon death. Phrases indicating this intention, such as “This is my last will and testament,” can be helpful.

No Witness Requirement: Unlike formal wills, holographic wills do not require witnesses in Oklahoma. However, the entire document must be in the testator’s handwriting to be valid.

Steps to Create a Holographic Will in Oklahoma

After deciding that this is the option you want to pursue, there are certain steps you need to follow:

Write the Will by Hand: Write the entire will by hand. Ensure that every part of the will, including any lists of assets, bequests, and other instructions, is handwritten. Be clear and specific about your intentions. List your assets and specify who should receive each item or asset.

Include Key Elements:

• Identify Yourself: Start by identifying yourself clearly in the document.
• Revocation of Previous Wills: State that you revoke any prior wills and codicils.
• Beneficiaries: Clearly name the beneficiaries who will inherit your property.
• Executor: Name an executor who will manage your estate and ensure your wishes are carried out.
• Sign and Date: Sign and date the will at the end of the document.

Store the Will Safely: Store the will in a safe place where your family can easily access it after your death. Inform trusted individuals, such as family members or your named executor, about the location of the will.

Enforceability of a Holographic Will in Oklahoma

A holographic will is enforceable in Oklahoma only if it meets the legal requirements outlined above. However, there are several factors to consider to ensure its enforceability:

Legal Challenges: Holographic wills can be more susceptible to challenges than formally executed wills. Common challenges include questions about the testator’s handwriting, testamentary intent, and mental capacity at the time of writing the will.

Probate Process: During probate, the court will verify the authenticity of the holographic will. This may involve comparing the handwriting to known samples and ensuring the document meets all legal requirements. They may consider testimony from individuals familiar with the testator’s handwriting or other evidence to confirm the will’s validity.

Avoiding Ambiguities: Use clear and unambiguous language to avoid misinterpretation. Specific and detailed instructions help prevent disputes among beneficiaries. Consider consulting with an attorney to review your holographic will. Although not required, legal advice can help ensure that your will is comprehensive and reduces the likelihood of legal challenges.

Tulsa County Estate Planning Lawyers

Creating a holographic will in Oklahoma involves writing the entire document by hand, signing it, and ensuring it clearly expresses your testamentary intent. While holographic wills are legally recognized and enforceable in Oklahoma, they are more prone to challenges and ambiguities. By meeting the legal requirements and taking these precautions, you can create an effective and enforceable holographic will in Oklahoma.

Our team here at Tulsa County Lawyers Group will guide you through the process of making a holographic will. We will make it our goal to ensure you meet all of the requirements to avoid any issues later on. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.