Three Ways to Make a Will
April 7, 2009 5:43 pm ProbateAlso, keep in mind that your will is not a living will. The term living will is used in many states to describe a legal document stating that you do not want life-sustaining treatment if you become terminally ill or permanently unconscious.
A statutory will. The law provides for a āfill-in-the-blankā will form. The will form is designed for people with relatively small estates. If there is anything you do not understand or if you are making any provisions which are complicated or unusual, you should ask a qualified lawyer to advise you.
A handwritten or holographic will. This will must be completely in your own handwriting. You must date and sign the will. Your handwriting has to be legible, and the will must clearly state what you are leaving and to whom. A handwritten will does not have to be notarized or witnessed. However, any typed material in a handwritten will may invalidate the will. A typed will must be signed by two witnesses. It is a good idea to consult with a qualified lawyer to make sure your will conforms with the law and does not have any unintended consequences.
Holographic wills are a problem to the decedents who have relied on them to guide the distribution of their estates, and to the court systems that must grapple with their chronic issues of validity and interpretation.
