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Highlighting Alabama's stance on holographic wills

Like many Hoover residents, you may be reluctant to jump into the process of estate planning due to a hesitancy to having to work with a lawyer to create a will. Yet such formalities are not required; indeed, Alabama state law does not mandate that a will be created by an attorney. However, many come to us here at Somma & Macon PC thinking that all they need to do to create a will is simply jot down their wishes on a piece of paper. You should be aware of exactly what the state requires in order to ensure your will is validated. 

You may have heard of the term "holographic will." Such wills are those that are entirely handwritten and signed by a testator (in this case, you). You might feel that given the importance of the document, a will should be a well-designed, printed article prepared by a professional. Yet many states view handwritten holographic wills as being equally as valid. Alabama, however, takes a slightly different view when it comes to holographic wills. 

While most believe that what makes a will holographic is that it is handwritten, that is not totally true. A will is often considered holographic if it is signed only by the testator. Per Section 43-8-131 of Alabama's Probate Code, a will must be signed by at least two witness who can attest to its authenticity in order to be valid. How the will is ultimately written is inconsequential. In this context, the state does not recognize holographic wills. This may be why most seek an attorney's assistance when creating their wills (even though it is not legally required).

More information on the process of creating and validating a will can be found by continuing to explore our site. 

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