Under Uniform Probate Code § 2‑502(b), a will is valid as a holographic will even if it does not comply with the ordinary execution requirements of § 2‑502(a)—including the rules requiring witnesses or notarization.
A holographic will is valid so long as the signature and the material portions of the document are in the testator’s handwriting, whether or not the will is witnessed or acknowledged before a notary.
In this context, § 2‑502(b) displaces the witness and notarization requirements of subsection (a), but does not displace the requirement that the will be in writing, and it affirmatively requires handwriting for the material portions of the document.
Bottom line: For holographic wills under the UPC, handwriting substitutes for witnesses and notarization, not for writing itself or for testamentary intent.
Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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