This month's New York State Bar Association's BAR JOURNAL starts off with an article on "From Tractor Fenders
to iPhones - Holographic Wills"
The definition of holograph is not just limited to issues relating to holography or holograms. but also refers to a document written wholly in the handwriting of the person whose signature it bears. But with respect to handwritten wills in New York, this can only be valid in very limited circumstances:
"Lay people often mistakenly believe that unwitnessed
holographic wills are valid, especially if they grew up
in countries where such wills were common. To many,
the notion of taking charge and writing out their wishes
simply, in their own words and in their own handwriting,
may be appealing and may even be romanticized.
Indeed, as explained above, a strong argument can be
made that unwitnessed holographic wills should be valid
when a person is lost or stranded, alone, and has no other
choice. However, New York has steadfastly maintained
that (except for those in the military or mariners at sea)
all of the strict formalities of due will execution must be
followed under all circumstances, even with handwritten
wills."
Tuesday, November 25, 2014
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