Can a Handwritten Will Be Legally Binding?

Making a Last Will and Testament may always be something you intend to do, but ultimately procrastinate. It may be understandably difficult for you to plan for a time when you will no longer be surrounded by your loved ones and be able to tell them directly how your hard-earned estate property and assets should be handled. However, if you wait too long, your health may sadly deteriorate. In a desperate effort to get this done, you may consider writing down the terms and conditions of your intended will on a piece of paper. Well, please continue reading to learn whether a handwritten will can be observed as legally binding by the Pennsylvania probate court and how an experienced Butler County will preparation attorney at Heritage Elder Law & Estate Planning, LLC, can work to ensure your estate plan is legitimate.

Can a handwritten will be legally binding in Pennsylvania?

Luckily, the Commonwealth of Pennsylvania accepts handwritten wills, otherwise referred to as holographic wills, as legally binding documents. Of course, certain criteria must be met for such a document. For one, you, as the testator, must ensure the will document is composed entirely in your handwriting. That is, you cannot type it on your computer or have someone else write down what you dictate. And then, you must provide your signature at the bottom of this piece of paper.

It should go without saying that you must be of sound mind when writing out your will, just like you would for a standard will composed with an attorney. But uniquely, Pennsylvania does not require you to have present witnesses when writing or signing your holographic will. Overall, while a holographic will is considered legally binding, this is not to say that the Pennsylvania probate court will not still question its validity in your future estate administration proceedings.

Does the Pennsylvania probate court observe oral wills?

As mentioned before, your physical health may sadly take a turn for the worse, to the point that writing down the terms and conditions of your will even poses a challenge. Or, external factors may make it difficult for you to sit down and put pen to paper, such as being on active military duty. Under these circumstances, you may wonder whether it is worth it to give an oral will in the presence of your loved ones, who can deliver the message, so to speak.

Well, unfortunately, the Commonwealth of Pennsylvania does not consider oral wills, also known as nuncupative wills, as valid and legally enforceable. This goes back to the idea that, even for your holographic will, it cannot be orally dictated by you only for someone else to write it down on your behalf. All of this to say, the Pennsylvania probate court must be presented with a tangible will in your handwriting or established with a respected attorney and/or notary.

If you desire more clarity before writing down or speaking on your will, please do not wait any longer to reach out to one of the skilled Butler County estate planning & probate attorneys. Retain the services of Heritage Elder Law & Estate Planning, LLC, today.