Holographic wills are among the most common testamentary instruments. Also known as handwritten wills, holographic wills are documents entirely in the handwriting of the testator establishing their estate plan.
Some states have statutes that impose completely different requirements for holographic wills. Does Indiana allow for handwritten wills, and are there different requirements for them?
Holographic wills can be valid in Indiana
Unlike many other states, Indiana does not have separate statutory requirements for holographic wills. In theory, a handwritten will can serve as an individual’s primary testamentary instrument. However, it must align with all of the requirements imposed on wills under state statutes.
Specifically, the document must include testamentary language, the testator must be of sound mind and there must be two witnesses to sign the document to attest to the identity and capacity of the testator. Even if the holographic will meets those requirements, it may be more vulnerable to a will contest challenging its validity.
Family members may question whether the handwriting is truly the testator’s. There is also the possibility of the testator or their family members misplacing the will, preventing its use during estate administration. In most cases, working with an attorney to put together a thorough, typed will is the most effective option available.
Drafting a will is easier and typically more effective when a person has legal guidance. People trying to write their own wills at home can make mistakes that make their documents unenforceable after they pass. An attorney’s assistance can help ensure that estate planning documentation will meet all necessary requirements to be valid and enforceable.