Are Handwritten Wills Valid in Idaho?

Are Handwritten Wills Valid in Idaho?

The question came up again over the weekend.  Can’t I just make my own handwritten Will?

The answer is that, yes, you are legally permitted to do so here in the Boise, Eagle, and Meridian area.  But you should do so with careful attention to the way it is written and signed because it is very easy to inadvertently destroy the validity of a handwritten Will.

Idaho law permits what it calls “holographic” Wills.  Those are Wills that are entirely in your own handwriting.  But any part of the document that is not in your handwriting will render it invalid.  That means that the heirs that you name in your holographic Will would not be able to inherit anything under that Will.

So what sorts of things keep a handwritten will from being enforceable?  Here are several:

• The Will is witnessed by the signature of anyone else.
• The Will is notarized.
• The Will is typed up on your computer or downloaded on your computer and then signed by you.

Each of these steps results either in someone else’s handwriting being added to yours or in part of the document not being in your own handwriting.  In either case, in the event of a Will contest, the judge here in Boise, Meridian, and Eagle will declare your Will to be invalid.  That will leave you either with a prior Will still being in effect or, worse yet, leaving you with no Will at all.  Either case will result in your wishes being thrown out the window.

Unfortunately, the rules in this regard are so strict that it is easy to fall into the vast no-man’s-land between the legal methods of creating a Will in Idaho.

On the other hand, having Barry Peters or another skilled legal professional prepare the Will for you will always include:

• Carefully crafted provisions to precisely express your wishes;
• The signatures of two witnesses; and
• The notarization of the signatures of both you and the witnesses.

And, of course, one of the additional advantages of having a Living Trust is that these documents should never have to go to court for a judge to rule on their validity.  Under normal circumstances here in Idaho, Living Trusts avoid the probate process altogether and are, therefore, subject to much less stringent standards for their proper execution.

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Whether you live in Boise, Meridian, Eagle, Star, or other nearby communities, for additional easy-to-understand information on Wills, Trusts, probate, and estate taxes, visit the user-friendly website at http://barrypeters-law.com.  Then call Barry Peters’ law offices at (208) 939-2600 for an expedited appointment to begin the process of setting up your own Living Trust.  Or, if you have questions, please call Barry for a free telephone consultation or visit his Q & A pages at http://barrypeters-law.com/common-questions .  As always, your total satisfaction is guaranteed by Barry Peters, Attorney at Law, where all clients receive individual attention to the details of their unique circumstances.

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