Taking Care of Mom and Dad: Holographic and Attested Wills

Some states do not permit handwritten, or "holographic," wills. Other states have strict regulations about their use. In most cases, for a handwritten will to be legal, at least three competent witnesses must testify that they believe the will was written entirely in the handwriting of the person whose will it purports to be and that the signature was written in the handwriting of that person.

At least one witness must testify that the will was found after the person's death among his valuable papers, in a safe-deposit box or other "safe place" or that the person had left it with someone for safekeeping.

An attested will, on the other hand, is written and signed by the person making the will, or someone else in his presence, and attested by at least two competent witnesses. This kind of will stands on firmer ground. It isn't necessary for the will to be written in the presence of the witnesses. But the person making it must signify to the witnesses that this is his will and sign it in their presence or acknowledge to them that the signature is his if he has already signed it.

When the person dies, the witnesses must appear before a court representative to testify that the witness signatures on the will are theirs.

Most state laws do not require either holographic or attested wills to be notarized.

A self-proved will is hardest to question or contest. This kind of will must be written substantially in the words specified by state law, signed by the person making the will in the presence of a notary public and two witnesses under oath, signed by the witnesses and signed and sealed by the notary.