Living Will California Free
You might have heard the term holographic will and wonder what it is, how it works, and whether it is right for you.
A holographic will is just a fancy legal term for the concept of a handwritten will, as opposed to a will that is typed or (these days) generated by a computer and printed out.
Are Holographic (handwritten) Wills Legal?
Like many legal issues, the answer to whether a handwritten last will and testament is legal is “it depends”.
First, a will must meet the legal requirements for its content, signatures, and witnesses regardless of whether the will is typed or handwritten. These requirements include things like description of the testator (that’s the person whose death will trigger the will), description of the estate’s property, and so forth.
Let’s assume that you write out a holographic last will and testament correctly, in that you manage to handwrite all the relevant provisions to make your will valid.
In about half the states, that’s still not good enough-they don’t recognize holographic wills at all.
Is a Holographic Will A Good Idea, Even If Legal?
Unless there is some emergency preventing you from having a properly typed will, there is simply no advantage to a handwritten will and many disadvantages.
In most states, a will and testament, or any part of one, may be revoked by a subsequent will in writing, or by burning, canceling, tearing or obliterating the will, by the testator, or in his presence, and by his consent and direction.
Now, what’s important here is that if you try to handwrite a will, and have scratch-outs or inserts, a court is going to have to determine whether those were meant only to modify the scratched out parts, or was an intent by the testator to revoke the entire will. If a court decides the latter, then the entire will is thrown out.
This is also a good reason not to amend a will through handwritten notes (an amendment to a will is called a “codicil” in most states). In states that do not recognize holographic last wills, your handwritten notes could be considered a revocation of the entire will. Even in states that do enforce them, you are still opening up the will to misinterpretation-did you intend to revoke that section, to modify the section, to revoke the entire will and replace it with your handwritten notes?
What makes a will different from all other contracts is that the only party to a will is dead when the will is interpreted by the courts, and there is no way to ask the drafter of the will what he/she intended when it was written. All a court has is the document itself, and therefore the law is strict on the requirements for a legal will.
Draft Your Will Online – The Next Best Easiest Method After Handwriting A Will
So you won’t take the easy (and risky) way out by handwriting your will. The next most convenient method is to create your will online. No need to hire or visit a lawyer. For less than the cost of a phone call to a lawyer, you can create a legally binding will that is valid in your state.
————————————————————
Simon Maher is a contributor for SimpleWillMaker.com
Find the best source for drafting your will online at Simplewillmaker.
Copyright 2009 http://www.SimpleWillMaker.com
Chelene Nightingale Constitutionist for Gov. California pt 2
|
|
Leviton ACP10-LW, Acenti 800W@120V, Incandescent 1200VA@120V; Fluorescent 2700VA@277V Wall Switch Occupancy Sensor, Single-Pole or 3-way, Alabaster $82.03 800W@120V INC 1200VA@120V 2700VA@277V FL, 120/277 Volt AC 60Hz, Single-Pole, 180 Degree, 2100 Sq. Ft. Coverage, Decora Passive Infrared Wall Switch Occupancy Sensor, Commercial Grade – Alabaster California Title 24 Compliant, UPC: 07847729384… |
|
|
WESTINGHOU 37 Westinghouse LVM-37W3 1080p DVI HD Ready LCD Monitor (Black) – B – Connect an External HDTV Tuner for Use as a TV! – WESZ37W3 – REFURBISHED With an expansive 1080p view and flat panel design, this 37-inch Westinghouse LVM-37w3 DVI HD Ready LCD Monitor will make a great addition to your living room with high definition viewing.The 37-inch TFT active matrix LCD display has a 1920 x 1080 resolution, 16:9 aspect ratio, and 1000:1 contrast ratio for crisp, widescreen viewing. Just keep in mind, this monitor is HD Ready, but lacks a TV tune… |
|
|
The Very Hungry Caterpillar $3.48 Board BookOne sunny Sunday, the caterpillar was hatched out of a tiny egg. He was very hungry. On Monday, he ate through one apple; on Tuesday, he ate through three plums–and still he was hungry. Strikingly bold, colorful pictures and a simple text in large, clear type tell the story of a hungry little caterpillar’s progress through an amazing variety and quantity of foods. Full at last, he made … |
|
|
The Going-To-Bed Book $2.31 Board BookFrom Board Book Master Sandra BoyntonThe moon is high. The sea is deep.They rockand rockand rockto sleep. This whimsical, poetic book – like the name suggests – is the perfect read before your child sets in for the night. With a silly plot filled with anthropomorphized animals preparing for slumber going through a routine likely similar to your child’s own, this book is both relata… |
|
|
The Last Lecture $6.00 “We cannot change the cards we are dealt, just how we play the hand.” –Randy Pausch A lot of professors give talks titled “The Last Lecture.” Professors are asked to consider their demise and to ruminate on what matters most to them. And while they speak, audiences can’t help but mull the same question: What wisdom would we impart to the world if we knew it was our last chance? If we had to van… |
|
|
Madden NFL 10 $5.43 Madden NFL 10 PS3… |
|
|
NBA Ballers $0.01 … |
|
|
Von Dutch Sl50bb00pb Spiral Mens Watch $538.24 Von Dutch watches are a reflection of the hard living; free lifestyle of California. They bring eccentric; unique and interesting designs of metal to timepieces. The individual designs of Von Dutch watches brings an air of toughness to your wrist while the metal feels smooth against your skin; like it’s always belonged there. With the Angel collection; Dutchman collection; Spiral collection; Bang’… |
