Holographic will

Holographic wills in Austria are legally binding, provided the entire will is personally handwritten and signed by the testator; section 578 of the Allgemeines bürgerliches Gesetzbuch (Austrian Civil Code) does not require the date or place of composition, although these are "advisable".[4][5]

Holographic wills are referred to as "privileged will" under §65 of the Succession Act, 1925, and are only permissible for military personnel who have reached the age of 18 and are currently on an expedition. Under §66, the privileged will can be executed in writing or orally in front of two witnesses.[6]

Under §65 of the Danish Inheritance Law (Arveloven), holographic wills are only permitted as "emergency testaments" ("Nødtestamente") for persons prevented by illness or other emergency from executing a conventional testament.[7] Nødtestamente lapse after three months, unless the illness continued to prevent the testator from preparing a proper will.[8]

Holographic wills are permitted under §24 of the Law of Succession.[9] The will must be entirely handwritten. Section 25 of the Law of Succession limits the validity of holographic wills to six months.

Holographic wills are recognized as valid in Germany under § 2247 of the Bürgerliches Gesetzbuch, provided the testator is both literate and at least 18 years of age. The testament must be entirely handwritten by the testator, must contain the date and place of composition, and must have the testator's signature at the bottom of the document.[10][11]

In Italy, holographic wills are governed by article 602 of the Italian civil code.[12] The will must be entirely handwritten and dated, with the testator's signature at the end of the will.

Holographic wills are permitted under the Latvian Civil Code of 1937.[13] The author of the document must write it by hand entirely. The Law will invalidate non-holographic wills by end of 2020, if only the signature is written by hand, and the document has not been presented to a notary.

The Norwegian law of inheritance (Arveloven) allows holographic wills only in an emergency under §51. They are valid until the testator has not been prevented from creating a proper will (as defined by §49) for a period of three months. A written will is valid if it is signed by two witnesses[14].

Holographic wills are permissible under the Civil Code of the Philippines.[15] As per Article 810, the will must be entirely handwritten by the testator, as well as signed and dated. There is no requirement for witnesses.[16]

The Civil Code of Spain permits holographic wills under § 688 for persons of legal age. To be valid, the entire will must be handwritten by the testator, accompanied by a signature and date; foreigners may write holographic wills in their own language.[17]

Holographic wills are governed by § 505 of the Swiss Civil Code[18] and are valid for mentally sound persons at least 18 years of age. In order to be recognized as valid, a holographic will must be entirely handwritten and must contain the heading "Will"; the name, date of birth, and residence of the testator; a revocation of previous testaments; the provision of statutory entitlements to statutory heirs, such as children, spouse, registered partner, etc.; the place and date of composition; and the signature of the testator.[19]

The following states recognize holographic wills made within the state, though witnessing requirements vary: Alaska, Arizona, Arkansas, California, Colorado, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.[20]

The following states do not recognize holographic wills made within the state, but recognize such wills under a "foreign wills" provision (i.e., the will was drafted wholly within, and in accordance with and is valid under the laws of, another jurisdiction): Hawaii, Iowa, Louisiana (which refers to it as a "foreign testament" provision.[21]) Connecticut, Oregon, South Carolina, Washington, and Wisconsin.[20][22][20][23]

Maryland and New York recognize holographic wills only if made by members of the Armed Forces. In both states any such will is void one year after that member's discharge from service “unless the testator … does not then possess testamentary capacity” under Maryland law (Md. Estates and Trusts Code Ann. § 4-103(b) (2013)) and for one year after the testator regains testamentary capacity under New York law (NY Est Pow & Trusts L § 3-2.2(d) (2012)).[20]

Indiana and Missouri have no statutes making references to holographic wills.[20]

All other states not listed do not recognize a holographic will in any instance.

Selected excerpts from state statutes in United States jurisdictions that recognize holographic wills: (NOTE: The list is not exhaustive)

• Louisiana – under the Louisiana Civil Code such a will is known as an "olographic testament,"[24] and must be proved by the testimony of two credible witnesses that the testament was entirely written, dated, and signed in the testator's handwriting.[24]
• Texas – under the Texas Estates Code (which replaced the prior Texas Probate Code), "a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses."[25] However, a holographic will can be self-proved at creation by the testimony of two witnesses, both of whom must be at least age 14 when the will was formed (similar to a regular will); in addition, "[s]uch a will may be made self-proved at any time during the testator's lifetime by the attachment or annexation thereto of an affidavit by the testator to the effect that the instrument is his last will; that he was at least eighteen years of age when he executed it (or, if under such age, was or had been lawfully married, or was then a member of the armed forces of the United States or of an auxiliary thereof or of the Maritime Service); that he was of sound mind; and that he has not revoked such instrument."[26] But if the will was not self-proved, at probate "a will wholly in the handwriting of the testator may be proved by two witnesses to his handwriting, which evidence may be by sworn testimony or affidavit taken in open court, or, if such witnesses are non-residents of the county or are residents who are unable to attend court, by deposition, either written or oral, taken in accordance with Section 51.203 [of the Texas Estates Code] or the Texas Rules of Civil Procedure."[27]
• Utah – upon clear and convincing evidence proof the decedent possessed intent to make a valid will,[28][29] signed by the testator with material portions of the document in the testator's handwriting,[28] and describing specific bequests with reasonable certainty.[30] No witnesses required.[28]
• Virginia – upon clear and convincing evidence proof the decedent possessed intent to make a valid will,[31] signed by the testator,[32] the will must be wholly in the handwriting of the testator (handwriting proven by at least two disinterested witnesses[32] or the will was written in the presence of one disinterested witness if executed before 1922[33]).

In the United Kingdom, unwitnessed holographic wills were valid in Scotland until the Requirements of Writing Scotland Act 1995 which abolished the provision; such wills written after 1 August 1995 are now invalid in England, Wales, Scotland, and Northern Ireland.[34]