HOLOGRAPHIC WILL (and its Dangers)
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A holographic will is a will that is entirely handwritten and signed by the person making the will (the testator). The key distinguishing feature of a holographic will is that, in many jurisdictions that recognize them, it is valid without the need for witnesses or notarization, unlike a traditional formal will.
A holographic will is legally recognized in the province of Alberta under the Wills and Succession Act, but with very specific requirements. The key characteristics of a holographic will in Alberta include:
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Entirely Handwritten: The most critical requirement is that the entire will must be written wholly in the handwriting of the person making the will. If any part is typed, printed, or completed on a fill-in-the-blank form, it typically does not qualify as a holographic will.
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Signed by the Testator: It must be signed by the person whose wishes it reflects.
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No Witnesses Required: Unlike a formal will, a holographic will does not require the signatures of witnesses to be legally valid. This is its key difference from a standard formal will.
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Testamentary Intent: The document must clearly show the writer's deliberate and final intention to dispose of their property upon death.
While legally valid, lawyers generally advise caution with holographic wills because their simplicity can lead to complications, including:
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Higher Risk of Dispute: Because holographic wills have no witnesses, they are more susceptible to legal challenges regarding the testator's intentions, mental capacity, or even the authenticity of the handwriting.
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Ambiguity and Completeness: Holographic wills often fail to cover the entire estate, use clear legal terminology, or address critical issues like minor beneficiaries or the residue of the estate, potentially leading to partial intestacy (meaning a portion of the estate is distributed by law, not the will).
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Clarity: The writing must be legible and the intentions must be clear and unambiguous.
In Alberta, a holographic will is generally seen as an option for emergency situations or when no other option is available, but a formal will drafted with a lawyer is usually the most reliable way to ensure your final wishes are clearly and legally documented. The reality is that most holographic wills, or more properly, most attempts at a holographic will, lead to considerable lawyer and court involvement following one's death, at considerable cost (together with being highly contentious and time consuming), such that is generally preferable to avoid the attempted reliance upon a holographic will.
Our law firm can help you plan for the future, including the preparation of a well-drafted will and other estate planning documents, as well as dealing with the legal demands associated with the passing of a loved one (including those scenarios involving a holographic will or an attempted holographic will). We welcome you to contact our law firm today at 403-400-4092 or via email at Chris@NeufeldLegal.com to schedule a confidential initial consultation.
IMPORTANT NOTE: This website is designed for general informational purposes. The site is not designed to answer specific questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice. If you want specific legal advice, you need to engage a lawyer under established legal engagement procedures that have been specifically agreed to by that lawyer.
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