Holographic codicil to an invalid will

[Jacket_Estate]

What is the name of your state (only U.S. law)? Virginia

If a typewritten will which was not witnessed has appended to the same document a holographic codicil, will that validate the non-attested typewritten will and allow the entire document to be probated?

Oklahoma upheld this in Johnson v Johnson, OK Supreme Court. Is there precedent in other states' case laws or statutes to the same effect - particularly in Virginia?

Thanks.

 

[tranquility]

What is the name of your state (only U.S. law)? Virginia

If a typewritten will which was not witnessed has appended to the same document a holographic codicil, will that validate the non-attested typewritten will and allow the entire document to be probated?

Oklahoma upheld this in Johnson v Johnson, OK Supreme Court. Is there precedent in other states' case laws or statutes to the same effect - particularly in Virginia?

Thanks.

It depends on the facts. You don't have anywhere near enough. Is this homework?

 

[Jacket_Estate]

Let me rephrase the question then: what would it take for a holographic codicil to validate an otherwise invalid (not witnessed) will? Particularly in Virginia, but any insight outside of this Johnson ruling is welcome. Under what circumstances would the will become valid on account of the holographic codicil?

 

[tranquility]

I understand your question. There are not enough facts. It is unlikely a single case will help, but many cases to provide an answer on all the issues. All the issues can't really be known without all the facts. Again, is this homework? If it is, the purpose is for you to think through the problem. (Which is why there would not be enough facts.)

 

[Jacket_Estate]

It's not homework; I'm asking for myself. I have written a will and rather than going through the trouble of taking witnesses before a notary (and having to do this again every time I change it), I would rather append one bequest through a holographic codicil if that would validate the will without the need for witnesses. Just trying to learn if the Johnson case in OK is the norm or an exception. I'm happy to put whatever is necessary into the codicil for it to validate the will, if this will actually have the desired effect.

Thanks

 

[tranquility]

It's not homework; I'm asking for myself. I have written a will and rather than going through the trouble of taking witnesses before a notary (and having to do this again every time I change it), I would rather append one bequest through a holographic codicil if that would validate the will without the need for witnesses. Just trying to learn if the Johnson case in OK is the norm or an exception. I'm happy to put whatever is necessary into the codicil for it to validate the will, if this will actually have the desired effect.

Thanks

Why don't you just rewrite your will in holographic format. Easy peasy. Or, you can try to be clever and rely on court cases regarding issues you don't know how they will be decided. Did you even read the case you cited? The purpose of a will is to make sure your assets go to who you want. Do you want the attorney of a potential beneficiary to get your assets?

 

[Jacket_Estate]

That's why I am asking this forum - since I don't know the answer. I did read Johnson, and if Johnson would apply in my case, then this absolutely would validate the will. But Johnson was an Oklahoma case so that is why I am asking if this situation would receive the same treatment in other states.

Yes, I could rewrite my will by hand but that will take a lot of time and effort, and would take much longer for future revisions which would have to be rewritten by hand from scratch rather than slightly edited on the computer. Obviously either having the will witnessed now and each time I revise it, or rewriting it by hand each time I revise it, would ensure probate, but both are substantially more cumbersome than the alternative I am considering.

I have no intention of doing this if it will result in the will being thrown out and not being probated. So obviously if I can't get an answer online, I will consult an attorney to get the answer, but I thought I would ask on this forum before paying for an attorney's time.

 

[curb1]

Just put the will on Office Word (or whatever your choice) and get it witnessed. Then if you want to make future changes, it is a five minute job. It is not that difficult. Your laziness will eventually catch up to you (even after death). This is a "no brainer".

 

[latigo]

It depends on the facts. You don't have anywhere near enough. Is this homework?

I agree Trany. I don’t read the post as being other than feigned.

It doesn’t seem probable to me that someone interested in making their will would go to such lengths as the OP has. Nor does it seem necessary to mention that if a holographic instrument was in mind, he could easily incorporate the desired articles from the invalid document.

I think he stumbled upon the Oklahoma case, which is at least questionable law, (it in fact contains a more reasoned dissent) and is flexing his “intellection” muscles.

 

[tranquility]

I've got an idea. Type up a word file on your computer and name it "superwill.doc". Make sure it is always up-to-date and is the will you want. Then, make a holographic "codicil" to the will using the proper format (date, signature, handwriting etc) saying, "I want the file "superwill.doc" to be my last will and testament." What could possibly go wrong?

(It's just an idea. I wouldn't suggest it anyone who doesn't want his heirs and formerly named heirs to lose all inheritance to the attorneys.)

 

[Mass_Shyster]

What could possibly go wrong?

 

[latigo]

I've got an idea. Type up a word file on your computer and name it "superwill.doc". Make sure it is always up-to-date and is the will you want. Then, make a holographic "codicil" to the will using the proper format (date, signature, handwriting etc) saying, "I want the file "superwill.doc" to be my last will and testament." What could possibly go wrong?

(It's just an idea. I wouldn't suggest it anyone who doesn't want his heirs and formerly named heirs to lose all inheritance to the attorneys.)

Why doesn’t the OP simply move to Oklahoma, do his little cursive chore, discover oil in his backyard then elate his heirs by shortly expiring?
___________________________

Incidentally, trany, a few years back I became involved at the tail end of a will contest representing sister against an avaricious brother. (“Tail end” meaning the 6th year of the case.)

My participation was focused on issues involving the deceased mother’s disposition of several hundred acres of farmland.

But prior thereto a single issue had already been resolved. That had to do with an article in the mother’s fully formalized will that devised mom’s residence to a granddaughter she had raised.

Rather than driving his mother to her attorney’s office the brother had his mom strike the article and in the margin, using initialed cursive handwriting grant the home to him.

His attorneys argued that the cursive wording constituted a valid codicil, but the probate judge denied it and was confirmed on the appeal. The grounds being that all of the material language in such a holographic instrument must be in the handwriting of the maker.
______________________

We eventually settled the remaining issues, but the fees from the brother’s attorneys were in the mid five-figure range.

(I know that because he was squawking to a neighbor rancher who was a client of mine.)

 

[tranquility]

Why doesn’t the OP simply move to Oklahoma, do his little cursive chore, discover oil in his backyard then elate his heirs by shortly expiring?
___________________________

Incidentally, trany, a few years back I became involved at the tail end of a will contest representing sister against an avaricious brother. (“Tail end” meaning the 6th year of the case.)

My participation was focused on issues involving the deceased mother’s disposition of several hundred acres of farmland.

But prior thereto a single issue had already been resolved. That had to do with an article in the mother’s fully formalized will that devised mom’s residence to a granddaughter she had raised.

Rather than driving his mother to her attorney’s office the brother had his mom strike the article and in the margin, using initialed cursive handwriting grant the home to him.

His attorneys argued that the cursive wording constituted a valid codicil, but the probate judge denied it and was confirmed on the appeal. The grounds being that all of the material language in such a holographic instrument must be in the handwriting of the maker.
______________________

We eventually settled the remaining issues, but the fees from the brother’s attorneys were in the mid five-figure range.

(I know that because he was squawking to a neighbor rancher who was a client of mine.)

I've been executor quite a few times and a successor trustee quite a few times more and my motto is to never stand between a person and free money. It used to astonish me how anything that could be argued would be argued in regards to things where the maker can no longer answer. "Why restate the whole trust when all I want change is this clause?" "Is it alright that I accidentally made a pencil mark across the front page of the will?" and questions like that come up all the time when a client comes to me to "check" on his estate attorney, thinking that the reason for their paid advocate's advice is simply to squeeze more money out of them.

Then I'll tell them a story. I don't know which one until I know of their complaint, but I almost always have one. It will involve treachery and deceit and incredible happenings between formerly loving family members. Sometimes over minutiae no one in their right minds could possibly care about. But, after death, it becomes THE MOST IMPORTANT THING EVER!!!! Incredible.