Blog: Can a Handwritten Will Be Valid?
By: Alex R. Flaten
INTRODUCTION:
Many people assume that a will must be typed, notarized, or prepared by an attorney to be legally valid. While having a professionally drafted estate plan is always the safest option, Minnesota law does recognize certain handwritten wills under specific circumstances.
WHAT IS A HANDWRITTEN WILL?
A handwritten will, often called a holographic will, is a will that is written entirely or substantially in the handwriting of the person creating it (the "testator"). These wills are often created without the assistance of an attorney and may not follow the same formalities as a traditional typed will.
ARE HANDWRITTEN WILLS VALID IN MINNESOTA?
Yes. Minnesota recognizes holographic wills if they meet certain legal requirements under Minnesota Statutes § 524.2-502.
For a handwritten will to be valid, it generally must:
Be signed by the person making the will.
Have the material portions of the will written in the testator's handwriting.
Clearly demonstrate the person's intent to distribute their property upon death.
Unlike many typed wills, a holographic will does not require witnesses if it otherwise meets the statutory requirements.
POTENTIAL PROBLEMS WITH HANDWRITTEN WILLS
Although a handwritten will can be legally valid, it often creates significant issues during probate. Common problems include:
Unclear or ambiguous language.
Questions about whether the person intended the document to serve as a final will.
Missing provisions for important assets or beneficiaries.
Failure to account for changing family circumstances, such as marriage, divorce, or the birth of children.
Greater likelihood of family disputes or legal challenges.
Because handwritten wills are often prepared without legal guidance, they frequently result in expensive litigation and delays for surviving family members.
WHAT IF THE HANDWRITTEN WILL DOESN’T MEET THE REQUIREMENTS
If a handwritten will does not satisfy Minnesota's legal requirements, the court may determine that it is invalid. In that case:
A previously executed valid will may control the distribution of the estate; or
If no valid will exists, the estate will be distributed according to Minnesota's intestacy laws, which determine who inherits based on family relationships—not necessarily according to the deceased person's wishes.
IS A NOTARY REQUIRED?
Minnesota law does not require a will to be notarized for it to be valid. However, having a will notarized as part of a self-proving affidavit can simplify the probate process by reducing the need for witnesses to testify that the will was properly executed.
THE BEST WAY TO PROTECT YOUR WISHES
While a handwritten will may be legally enforceable, it is rarely the best option. A professionally prepared estate plan helps ensure that:
Your wishes are clearly documented.
Your assets are distributed according to your intentions.
Potential disputes are minimized.
Your loved ones avoid unnecessary stress, delays, and legal expenses.
HOW JENNRICH LAW CAN HELP
At Jennrich Law, we understand that every family's situation is unique. Whether you need to create your first will, update an existing estate plan, or determine whether a handwritten will is legally valid, our experienced attorneys are here to help.
We can assist with:
Preparing legally sound wills and trusts.
Reviewing handwritten or older wills for validity.
Advising personal representatives during probate.
Resolving disputes involving contested wills.
Developing comprehensive estate plans tailored to your family's needs.
If you have questions about a handwritten will or want to ensure your estate plan reflects your wishes, contact Jennrich Law today. We're committed to helping you protect your legacy and giving you and your loved ones peace of mind.
