Estate planning often feels complicated, but at its heart, it’s about ensuring your wishes are honored after you’re gone. Some people get their head start in planning by drafting a handwritten will. Though these personal testaments may feel like something out of a movie, they may not hold up in real life.
What is a holographic will?
A holographic will is a will that is handwritten and signed by the person making the will, known as the testator. Unlike formal wills, holographic wills often do not require witnesses or notarization. The main appeal of a holographic will is its simplicity and ease of creation, especially in emergency situations. However, simplicity can sometimes lead to complications down the line.
Are holographic wills valid in Oregon?
The validity of holographic wills varies from state to state. Unfortunately, Oregon does not recognize holographic wills as valid. The state law indicates that the will must be in writing and signed by the testator. At least two witnesses must also be present to sign the document. This means that regardless of how you draft a holographic will, it won’t hold up in an Oregon court.
Alternatives to holographic wills
If you are in Oregon and are looking to prepare a will, consider the following alternatives:
- Formal will: A formal will, also known as a typewritten or attested will, meets all the legal requirements of the state. It is on paper, signed by the testator and witnessed by at least two individuals.
- Self-proving will: A self-proving will includes a notarized affidavit from the witnesses that attests to the validity of the will. This can expedite the probate process since the court does not need to contact the witnesses to verify the will’s authenticity.
For those wanting more control over the management of their assets, a living trust might be a suitable alternative. It allows you to place your assets in a trust while you’re alive, managed by a trustee for the benefit of your named beneficiaries.
Securing your wishes
While holographic wills offer simplicity, Oregon does not recognize them. Exploring the alternatives and ensuring the will you create meets all legal requirements can give you peace of mind, knowing your final wishes will be respected. If you’re unsure about the best approach for your situation, consider consulting with a legal professional who may guide you through the process.