Legal Question in Wills and Trusts in Arizona

Re: handwritten will

In some instances a 'holographic' will [one entirely in the handwriting of the testator] can be valid. Such is risky, however, as one never knows if a court will find the will valid or not.

The preferred and non-risky procedure is to have the new will professionally-drawn in the same manner as the first. Then there is no question.

Re: handwritten will

A holographic will (entirely in the will-maker's own handwriting, dated and signed, not notarized) can be valid. If valid, it would supersede and revoke the original will.

Handwritten changes on a previous will are NOT valid, and in fact, might result in the unintentional revocation of the original will, leaving the will-maker with no will at all.

The best course of action is to prepare a new (formal) will with language stating that the will-maker can create a separate list regarding distribution of tangible property (not $$ or houses). This list can be rewritten as often as necessary without disturbing the validity of the will itself.

To discuss this matter further, please feel free to contact me - (480) 792-9770.

Sincerely,

Monica H. Donaldson

[email protected]