What is a holographic will?

A holographic will is a will that is written entirely in the handwriting of the person making the will (the “testator”). A holographic will is valid in North Dakota, but may be difficult to enforce if there is any dispute between the beneficiaries and the executor of the will. Holographic wills must have all the same requirements as a regular will in order to be valid, including that the testator must be of sound mind, have intention of creating a legally binding will, and have the will signed following all the formalities of North Dakota law. The will must also include an expression of testamentary intent, which means that it must be clear from the will that the intent is to use it as a will and not as a contract or some other document. Although it is accepted in North Dakota, a holographic will does come with some risk. It is very difficult to authenticate who wrote the document, as handwriting identification is very imprecise. In addition, if the words on the will are not the exact words that the testator intended, it may not be enforceable. This is why it is important for the testator to have someone witness them signing the will, or have it notarized. Overall, North Dakota does recognize a holographic will as a legal document. Despite its potential risks, a holographic will can be a valid and useful tool for people who may not have access to a lawyer and are unable to create a formal will. It is important for any testator to understand the risks associated with creating a holographic will and seek legal advice if necessary.

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What is a holographic will?

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