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A Minnesota Estate Planning Lawyer Explains Why You Should NOT Handwrite Your Will
We’ve all heard the stories. A dying person writes out a will on a car bumper. Is such a will valid in Minnesota? Generally, a handwritten will – called holographic – is not valid here.
What is a Valid Will?
Under Minnesota probate law, your will must be in writing, signed and witnessed by two people. What does it mean to witness a will? The two people you select are essentially making a promise to the probate court that they saw (witnessed) you sign the will. In order to make such a promise, they must be present at the time, and actually see, you sign the will.
There is an exception. If the handwritten will was validly executed in a state that does allow such wills (e.g. Texas), Minnesota courts will honor it. This exception only applies to a small number of people.
Don’t take the risk
If you decide to draft your own will, you run the risk a court will invalidate it. You must sign your written will in front of two people who sign as witnesses. Further, you should also sign in front of a notary to deter others from contesting the validity of your signature.
Minnesota Estate Planning Attorney
Call now to set up an appointment with an experienced estate-planning attorney to discuss your options.