Imagine sorting through a loved one’s belongings and discovering a handwritten note tucked away in a drawer. It looks like a will—maybe even says so at the top—and includes names, dollar amounts, and a signature. The question is: does it hold up in court?
In California, handwritten wills, known as holographic wills, can be legally valid. But they come with risks. Here’s what you need to know if a handwritten will has surfaced in your family.
What Is a Holographic Will?
A holographic will is a will that’s written entirely in the testator’s (the person who created it) own handwriting. Unlike formal wills, it doesn’t have to be typed, witnessed, or notarized. As long as it shows the person’s intent to distribute their property and is signed by them, it may be valid under California law.
People often write holographic wills during emergencies or when they’re trying to avoid legal fees. But even though these wills can be legal, they’re far from foolproof.
Are Holographic Wills Legal in California?
California Probate Code § 6111 allows for handwritten wills, even if they’re not witnessed. But certain conditions must be met:
- The material provisions of the will must be in the testator’s handwriting. This includes who gets what and other key instructions.
- The testator must sign the will.
- Intent must be clear. The document must show that the testator intended it to serve as their final will.
Although dating the will isn’t required by law, it’s strongly recommended. Without a date, the court could have difficulty determining which will is most recent, especially if there are multiple versions.
Why Handwritten Wills Can Be Risky
Even if legally valid, holographic wills often lead to problems. Here’s why:
- Ambiguity: The language might be unclear, contradictory, or incomplete.
- Authenticity disputes: Family members may argue over whether the handwriting or signature is genuine.
- Missing details: Key issues—like who should serve as executor or how taxes should be paid—are often left out.
- No witnesses: Without independent witnesses, claims of undue influence or lack of mental capacity are more challenging to refute.
When Courts Reject Handwritten Wills
Just because a document is handwritten and signed doesn’t mean the court will accept it. A California probate court may reject a holographic will if:
- It wasn’t written entirely in the testator’s handwriting
- It lacks a clear testamentary intent (e.g., it looks more like a letter or note)
- There’s credible evidence that the testator lacked capacity or was coerced
- A later, valid will exists that contradicts it
In contested cases, the burden of proof often falls on the person trying to enforce the handwritten will. That’s why legal representation is key.
What to Do If You’ve Found a Handwritten Will
If a handwritten will turns up, don’t make assumptions—either that it’s valid or that it can be ignored. Take these steps instead:
- Preserve the document and avoid marking or altering it.
- Gather any related documents, such as previous wills or letters.
- Consult with a probate attorney to evaluate whether it meets the legal requirements.
- Prepare for possible objections from other heirs or beneficiaries.
At Loew Law Group, we review and litigate issues involving handwritten wills throughout San Mateo County and beyond. Whether you want to enforce a holographic will or challenge one, we can help you determine your rights and options.
Don’t Let a Handwritten Will Create Uncertainty—Talk to Us Today
While holographic wills are legal in California, they often create more questions than answers. If you’re dealing with a handwritten will after the loss of a loved one, let us help you sort out whether it’s valid—and how to move forward.
Contact Loew Law Group today to schedule a consultation with an experienced will contest attorney serving San Mateo and the surrounding areas.