North Carolina recognizes hand written Wills known as Holographic Wills in certain circumstances. A holographic will is handwritten, not typed, and must be entirely in the handwriting of the person making the Will (known as the Testator or Testatrix). Holographic wills are valid without witnesses, but the testator must still sign it.
In addition to having the Testator’s name, the holographic Will must also be found:
- among the his or her valuable papers or effects, or in a safe-deposit box or other safe place where it was deposited by the testator or under the testator’s authority; or
- in the possession or custody of some person with whom, or some firm or corporation with which, it was deposited by the testator or under the testator’s authority for safekeeping.
All of these requirements are among the many reasons lawyers do not recommend someone write their own holographic Will. Unfortunately, there are some circumstances where this happens and when it does, you can expect the holographic Will to be carefully examined to be sure it meets the requirements of North Carolina law. In addition, holographic Wills are quick to be contested. If you have questions on or issues with a holographic Will the attorneys in the estate department of Law Firm Carolinas can assist you.