A few weeks ago, it was reported that three handwritten wills were located in Aretha Franklin’s home months after she died, after it had previously been reported that she died without a will. The 2014 handwritten will was found in between couch cushions as part of a spiral notebook. It’s hard to read. Pages can be seen here: AP News Story
Two 2010 handwritten wills were found locked in a cabinet after the key was discovered. Her attorney filed all three and asked the probate court to determine their validity.
What if this happened in North Carolina? Handwritten wills (also called holographic wills) can be valid in North Carolina. They must be almost entirely in the handwriting of the testator (all of the substance must be in handwritten), signed by the testator, and “found after the testator's death among the testator's valuable papers or effects, or in a safe-deposit box or other safe place where it was deposited by the testator or under the testator's authority, or in the possession or custody of some person [or business] with whom . . . it was deposited by the testator or under the testator's authority for safekeeping.” Finally, it must be clear from the writing that the testator meant for the writing to serve as their Last Will and Testament.
Therefore, it’s unlikely that the 2014 will would be considered valid. It’s part of a spiral notebook found in couch cushions unlike the 2010 versions that were locked up. Also, it’s not clear from the writing that she intended for that document to be her will.
It’s not recommended to handwrite your own will for numerous reasons. First, you’re probably not an attorney – what if you use the wrong language? Forget important legal terminology? Second, it is more difficult to probate. Most typed wills, written by attorneys, are witnessed and notarized. The executor should have little trouble submitting the will to probate. The executor of a handwritten will will have to provide additional proof to the court, causing them stress and possibly costing more money. Finally, handwritten wills are asking to be challenged. If someone claims it is not the testator’s handwriting, handwriting experts will be called in to testify. Your estate could be reduced due to legal fees.
If you’re interested in having a will drafted by a professional, give Jesson & Rains a call!
Subscribe to our newsletter.