Handwritten Will Fails Because the Writing Wasn't the Testator's

 

The Case  

After Douglas died, a dispute arose between his son, Chadd, and Douglas' longtime companion, Judy. Chadd sought to probate Douglas' earlier will, which left his estate to his sons. Judy objected and offered a later handwritten document that she claimed Douglas intended as his will.

The problem was that, while Douglas had signed and dated the document, Judy acknowledged that she had written the actual dispositive provisions in her own handwriting. She argued that Douglas dictated the terms and directed her what to write.

A court was asked to decide whether the document qualified as a valid holographic will. Because the essential facts were undisputed, the case was decided on summary judgment.

The court held that a holographic will must satisfy the statutory requirement that the material provisions be in the testator's own handwriting. A document does not become the holographic will of one person merely because that person signs it when someone else wrote the substantive provisions. Even if the testator directed the writing and agreed with its contents, the handwriting requirement serves as an important safeguard against fraud and uncertainty.

As a result, the handwritten document was not a valid holographic will, and the earlier will controlled the disposition of the estate.

The Olde Barrister Says

This is one of those cases where sympathy and the law travel on different roads. Judy may well have believed she was carrying out Douglas' wishes, but holographic wills are creatures of statute. Courts generally insist on strict compliance with handwriting requirements because those requirements are what give a holographic will its reliability.

Although this case arose outside Virginia, a Virginia court would likely reach the same result. Virginia recognizes holographic wills, but the material provisions must be wholly in the testator's handwriting. A signature on someone else's written document is usually not enough.

The lesson is simple: if you are relying on a holographic will, make sure the testator writes the important provisions personally. Otherwise, what looks like a will may turn out to be nothing more than a very expensive piece of stationery.