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Identifying the Testator

Having a will isn't much good if nobody can tell that it is yours. Therefore, a basic legal requirement for wills is that they clearly identify the identity of the testator.

The identity of the testator is established at various points in the will. Your identity in the will is established:

Tip

Tip

In the states that allow them, a handwritten or holographic will is self-authenticating. Such a will has to be written entirely in the testator's handwriting, which helps in identifying it as the testator's will. Because it is considered self-authenticating, a holographic generally does not have to be witnessed. However, nearly all states that do permit holographic wills require that witnesses to prove that the handwriting was really the testator's handwriting.

From a practical perspective, holographic wills should be avoided at all costs. At best, they cause needless hassles during probate because it still must be established that the handwriting is indeed that of the testator. At worst, a holographic will is useless if your handwriting is illegible or the will is "not proven" (determined to be invalid) after a costly will contest.


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