Writing on the Wall: No Handwritten Will

Several readers have asked whether a holographic or handwritten will is valid in California.

But, it doesn’t really matter much whether a handwritten will is valid in California (they are valid here and in about 25 other states), because you should almost never use one. There are just too many problems that may develop if you try to write one.

Unless someone is literally gasping at his last breath and suddenly remembers he’s about to kick the bucket without a will, there is really no reason to try to write his own handwritten will.

No Witness Needed

A holographic will must be dated, written and signed entirely in your own hand (that means no typewriting or printing at all). Such wills need not be witnessed, which is why some people mistakenly prefer them.

Without any witnesses, courts tend to be suspicious. They want to make sure that the handwriting was actually written by the deceased.

And even if you can prove that the will was actually written by the person whose name appears on it, handwritten wills create other problems too. The meaning of a phrase used may be ambiguous or contrary to law, so the will may be unenforceable.

Worse yet, the handwriting may be impossible to read.

If you have enough time to consider what you want to say in your will, then you should have the time to properly execute a valid, witnessed will.

The Basic Options

You have three basic options. You can retain a lawyer to draft it. If you can afford it, if your estate is complex, if you have lots of estate-planning questions, or if you plan to make any unusual bequests, this is an advisable option.

You can use the state statutory will form. All you have to do is fill in the boxes. The form lets you leave your property to family members, a friend and/or charity and allows for the appointment of an executor and a guardian for your children. The form with a trust also allows you to set aside money for the support and education of your children.

The forms are available from the State Bar for $1. Send a self-addressed, stamped (39 cents in postage) business-size envelope to Wills, P.O. Box 411, San Francisco, Calif. 94101. Be sure to say whether you want the form with or without the trust provision.

You can also draft your own will, by using self-help books such as the Simple Will Book by Denis Clifford. But even if you do this, you should not write a handwritten will. And you should ask a lawyer to review what you have drafted.

Attorney Jeffrey S. Klein, a member of The Times’ corporate legal staff, cannot answer mail personally but will respond in this column to questions of general interest about the law. Do not telephone. Write to Legal View, You section, The Times, Times Mirror Square, Los Angeles 90053.