The word “holographic” often refers to three-dimensional images printed on two-dimensional media. Capturing images in a certain manner can make them appear three-dimensional. In the legal world, holographic has a very different meaning. The state of Virginia, along with many other jurisdictions in the country, may recognize a holographic will after an individual dies.
Despite what the name might imply, a holographic will does not appear to be three-dimensional or have any special visual features. What makes a will holographic?
Holographic wills are handwritten documents
Most modern wills are typed and printed. People work with lawyers to draft customized documents. Some people who feel pressured to make an estate plan in an emergency or who’d prefer not to involve outside parties may choose to draft their own testamentary instruments.
For a holographic or handwritten will to be valid, it must include clear testamentary language indicating that the purpose is to distribute their assets. The entire document must be in the testator’s handwriting. They generally cannot have another person write the document or type part of the legal instrument.
Finally, they must sign the document, and other people must be able to recognize their handwriting and signature. While holographic wills are theoretically lawful, they are subject to intense scrutiny after a person passes.
People might claim that the handwriting isn’t quite right and might contest the will in probate court. Additionally, a stored holographic will might escape detection from family members and other interested parties.
Working with the lawyer to create a thorough will and store it properly can help to ensure that a person retains control of their legacy after they pass. People who are familiar with Virginia’s unique estate planning laws and rules regulating wills can create valid and enforceable legal instruments accordingly.