Does a holographic codicil validate an unattested typewritten Will?

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Does a holographic codicil validate an unattested typewritten Will?

Asked on October 29, 2012 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You really have two different issues going here.  First, you have the typewritten "Will" and then you have the handwritten (holographic) Will.  The typewritten "Will" is not valid.  Under Virginia law, if your will is not in your own handwriting, it must meet these statutory formalities: in writing; signed by the testator (the person whose will it is); signed in the presence of two witnesses and signed by the witnesses in the presence of each other and the testator.  Yours is not attested to by the witnesses so it does not meet the requirements.  As for the Codicil, a holographic instrument must be written entirely in the testator's own handwriting. And upon death of the testator, two witnesses would have to testify that the handwriting is indeed his or hers. It still has to be signed, even if written entirely by hand.  It can , though, "validate" the Will.  Good luck.


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