There are three distinct types of wills that people may draft to provide instructions about their estates. Frequently, people partner with lawyers to draft printed, professional estate planning documents. Other times, testators might want to draft electronic documents. It is also potentially possible to create a handwritten or holographic will. Many people view holographic wills as the simplest, most cost-effective option.
Are holographic wills legal in Indiana?
Handwritten wills are sometimes valid
In some states, there are more lenient rules for handwritten wills, also known as holographic wills. A holographic will typically needs to be entirely in the handwriting of the testator. In some jurisdictions, their signature and handwriting are the only elements necessary to validate a holographic will.
Indiana does not have a statute making exceptions for handwritten wills. Instead, they are subject to the same requirements as wills drafted with the support of an attorney.
Specifically, the testator must obtain signatures from at least two competent adult witnesses who do not have an interest in the estate as beneficiaries. Even then, there could be complications with enforcing a handwritten will in the future, not to mention the risk of the loss or destruction of the document.
Those who have resources that they want to distribute, and loved ones who may require their support, may benefit from working with a lawyer to draft a will instead of attempting to manage the process on their own. Learning more about unique state statutes can make it easier for people to retain control over their legacy when drafting a will or other estate planning documents.