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How can ambiguity in holographic wills lead to litigation?

On Behalf of | Oct 29, 2024 | Estate Planning |

Holographic wills are handwritten and signed documents that express a person’s wishes for distributing their estate. Because they do not require a lawyer, people often write these wills themselves. However, ambiguity in holographic wills can easily lead to disputes and litigation.

Unclear wording creates confusion

Holographic wills often contain unclear wording, which can create confusion about the testator’s intentions. Without proper legal phrasing, phrases may have multiple interpretations. Beneficiaries may argue over what the deceased intended, especially if the wording is vague or open to different understandings. This type of uncertainty can quickly escalate to a courtroom battle.

Lack of formal language

Holographic wills usually lack the formal language seen in professionally drafted wills. Ambiguous expressions or informal language can lead to serious misinterpretations. For example, phrases like “give something to my family” might leave many questions unanswered. Who specifically should receive the assets, and how should they be divided? Without clarity, litigation may become the only way to resolve these issues.

Challenges to authenticity

Ambiguity in holographic wills can also lead to questions about the document’s authenticity. When there is no witness to verify that the handwriting belongs to the testator, disputes may arise. Heirs may challenge the legitimacy of the will, claiming someone else forged it or that the deceased wrote it under pressure. This can lead to lengthy legal battles to prove or disprove the will’s authenticity.

Taking the time to ensure that a will is clear and properly executed can make all the difference in avoiding future disputes. Professional guidance can provide the structure and precision needed to help loved ones honor a testator’s wishes without legal complications.