Holographic Wills

Holographic Wills

A holographic will is a will that is entirely written, dated, and signed in the handwriting of the testator. A holographic will does not need to be witnessed.

• There are several requirements for a valid holographic will in India:
• The will must be entirely in the handwriting of the testator - it cannot be typed or written by someone else
• The will must be dated.
• The will must be signed by the testator
• The will must contain a statement that it is the testator's last will and testament.

Benefits of Holographic Wills

• They are easy to make: All you need is a pen and paper, and you can write your will in your own handwriting.
• They are affordable: Holographic wills cost much less to create than traditional wills, making them a good option for people on a budget.
• They are private: Unlike traditional wills, which must be filed with the court, holographic wills remain private documents. This means that only the people named in the will have access to it.
• They are flexible: Holographic wills allow you to change your mind about who receives your assets after your death, as long as you update the document accordingly.
• They are valid in India: Indian law recognises holographic wills as legally binding documents.

Checklist for Wills in India

When drafting a will, it is important to keep in mind the following checklist:

• The testator must be of sound mind and over the age of 18 years.
• The will must be entirely in the testator's own handwriting, or typed out and signed by them. If typed, it should preferably be printed on stamp paper.
• The date must be included on the will.
• All material provisions of the will must be satisfied. This means that all beneficiaries must receive something under the will – otherwise it may be contested on the grounds of partial intestacy.
• All pages of the will must be signed by the testator at the end.
• Witnesses must sign each page of the will

Features of a Will

• Assets:A will in India can include both movable and immovable assets such as bank accounts, investments, property, jewelry, etc.
• Beneficiaries: A will must identify the beneficiaries of the assets listed therein. The beneficiaries can be family members, friends, charities, etc.
• Executor: An executor is the person who is responsible for ensuring that the instructions in the will are carried out. The executor can be a family member, friend, or professional.
• Witnesses: A will must be attested by two witnesses. The witnesses cannot be beneficiaries of the will.

Documents Required for a Holographic Will

In order to create a holographic will in India, you will need the following documents:

• A letter of intent that outlines your desire to create a holographic will and names an executor.
• Your original will, which must be entirely handwritten, signed and dated by you.
• Two witnesses who can attest to the fact that the will is in your handwriting and that you appeared to be of sound mind when signing it.
• A copy of your ID proof, such as a passport or Aadhar card.
• If you have any property in India, you will need to provide documentary evidence of ownership.

What Are the Steps Involved in Securing Holograph Wills Through Vakilsearch?

There are a few steps involved in securing holographic wills through Vakilsearch. First, you need to gather all the required documents. Next, you will have to fill out an online form and submit it along with the documents. Once the form is submitted, our team of experts will review it and get back to you with further instructions.

How a Holographic Will Works

A holographic will is a will that is entirely handwritten and signed by the testator (the person making the will). It does not need to be witnessed or notarized.To be valid, a holographic will must meet the following requirements:

• It must be entirely handwritten by the testator.
• It must be signed by the testator.
• It must be dated.

Where Are Holographic Wills Accepted?

Holographic wills are accepted in most states in the United States. However, there are a few states that do not recognize holographic wills. These states include:

• Alaska
• California
• Indiana
• Kentucky
• Louisiana
• Mississippi
• New York
• Ohio
• Rhode Island
• South Carolina
• Tennessee
• Texas

Why Vakilsearch?

We have a team of experienced legal professionals who can help you draft your Will and ensure that it meets all the legal requirements. You can be assured that your Will reaches its intended recipient without any delay.

Our prices are very competitive and we offer discounts for bulk orders. So, if you have multiple properties or assets to be distributed through your Will, you can save money by choosing Vakilsearch.