R-E-S-P-E-C-T My Handwritten Will

By Carter B. Webb
The legendary Aretha Franklin died August 16, 2018 at her home in Detroit, Michigan. At first, it appeared that she died intestate – meaning that she died without having signed a last will and testament. However, it was recently reported that three holographic wills had been found – one reportedly found under some seat cushions. If Aretha Franklin had died a resident of North Carolina, would these holographic wills have been valid?

Under North Carolina law, a holographic will is valid if it meets each of the following requirements:

1. It is written entirely in the handwriting of the testator (the person who has made a will);
2. It is subscribed by the testator (signed at the end) or with the testator’s name written in or on the will in the testator’s own handwriting;
3. It is found after the testator’s death
   among the testator’s valuable papers or effects, or
   1. in a safe deposit box or
   2. another safe place where it was deposited by the testator or under the testator’s authority, or
   3. in the possession or custody of some person or firm or corporation with which it was deposited by the testator for safekeeping.

No attesting witness to a holographic will is required. Testamentary intent must appear on the actual document itself and from the fact that it was found among the testator’s valuable papers and effects. If either is not shown, then the holographic will may not be admitted to probate. Notice that there is no requirement for the date of the signature to be on the document.

How is a holographic will probated in North Carolina?

1. Upon the testimony of at least three competent witnesses that they believe that:
   1. the will is written entirely in the handwriting of the person whose will it purports to be, and
   2. that the name of the testator as written in or on, or subscribed to, the will is in the handwriting of the person whose will it purports to be; and
2. Upon the testimony of one witness to a statement of facts showing that the will was found after the testator’s death:
   1. among the testator’s valuable papers or effects, or
   2. in a safe deposit box or
   3. another safe place where it was deposited by the testator or under the testator’s authority, or
   4. in the possession or custody of some person or firm or corporation with which it was deposited by the testator for safekeeping./li>

As you can see, holographic wills are valid in the state of North Carolina. However, to prevent any questions or ambiguities and potential future lawsuits, it is much better for individuals to work with an attorney to properly draft a will or a trust, which more clearly lays out that individual’s intentions. The estate planning attorneys at Strauss Attorneys are experienced in preparing a well-drafted estate plan to fit an individual’s unique situation.