CCH Financial Planning Toolkit | Identifying the Testator

Thursday, August 28, 2008

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Identifying the Testator

Having a will isn't much good if nobody can tell that it is yours. Therefore, a basic legal requirement for wills is that they clearly identify the identity of the testator.

The identity of the testator is established at various points in the will. Your identity in the will is established:

directly by stating your full name at the beginning of the will;
indirectly by providing supplemental information such as your address, next of kin at the time the will is made, the date, and the state where the will is being executed;
directly via your signature (also known as executing the will); and
indirectly by having your will witnessed by at least two disinterested parties.

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In states that allow them, a handwritten or holographic will is self-authenticating. Such a will has to be written entirely in the testator's handwriting, which helps in identifying it as the testator's will. Because it is considered self-authenticating, a holographic will does not have to be witnessed.

From a practical perspective, holographic wills should be avoided at all costs. At best, they cause needless hassles during probate because it still must be established that the handwriting is indeed that of the testator. At worst, a holographic will is useless if your handwriting is illegible or it turns out to be a forgery after a costly will contest.

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