Is a Handwritten Will Valid in Colorado?
A Holographic Will: This sounds like something right out of Star Wars. Does a holographic will mean you can record yourself reading your will and then have your 3D talking image projected through a droid after you pass away? Unfortunately, the answer is no for a couple of reasons:
- Princess Leia’s 3D projection from R2-D2 wasn’t actually a hologram, it was a “3D light printed image” or volumetric image, according to electrical and engineering professor, Daniel Smalley. (Although some people will argue that Leia’s projection IS a hologram.)
- A holographic will actually means a handwritten will.
In this age of computers, word processing software, text messaging and internet accessibility, the idea of a handwritten anything seems outdated. However, handwritten wills are still being discovered and they are still being written by some individuals. The good news is that handwritten wills are valid in Colorado – if they are done correctly.
Requirements for Handwritten Wills to be Valid in Colorado
- The entire will must be handwritten; there can be no typed portions contained in the will at all
- The testator must hand-sign the will (the testator is the person who writes the will)
- It must clearly indicate how you want your property and material possessions distributed (and to whom)
In Colorado, handwritten wills do NOT need to be:
- Witnessed or signed by witnesses
Circumstances that May Warrant a Handwritten Will
If you have not created a will and you find yourself in a life-threatening situation (you are being chased by Darth Vader and death seems eminent), writing a will on any type of paper may be your only option. In all seriousness, having any type of will is better than none. However, most lawyers will not advise you to write a holographic will. It is far too easy to contest a handwritten will in Colorado, citing the testator’s state of mind, forgery of the handwriting, external influence/duress, etc. In addition, holographic wills are not valid in every state.
Help Me, Brown & Crona!
The idea of writing a will is daunting for most people. Luckily, there are professionals who can help you navigate through the process and craft a will that can stand up in courts and protect your assets. Whether you need help writing a legal will in Colorado or you need to understand the probate process for a holographic will written by a deceased loved one, the Denver will lawyers at The Brown Law Firm, LLC have the Force to handle the details. The investment in this process is well worth your peace of mind. Call (303) 339-3750 or send us a message online to learn more.