When planning for the future, there is a certain amount of formality that needs to be applied to your desires. Simply stating or writing down what you want to happen could create future problems. Holographic wills in Lombard are just not enough. To better prepare for the future, contact an attorney who could help you plan.
What differentiates a holographic will from a traditional will is that a holographic will is handwritten and unwitnessed while a tradition will is almost always typed and witnessed by two individuals. Generally, holographic wills are usually missing much of the language that lawyers normally include in wills to make administration easier. Holographic wills are simple lists or simple statements that a person handwrote, so a lot of times they are ambiguous or unclearly written compared to traditional wills.
Often, holographic wills make admission into probate challenging because a holographic will is an unwitnessed will. To get into probate, a will needs to be witnessed by two or more persons, so a holographic will would never be admitted to probate in Illinois because they are not witnessed by two people.
Even though a holographic will might never be able to be admitted into probate, certain circumstances could call for a review of something like a holographic will. For example, if there are ambiguous statements in a valid will, then to resolve that ambiguity or to interpret the will, a court may look to outside pieces of evidence that would demonstrate the testator’s intent. It is possible that a holographic will, even though it might not be admissible to probate, may come into play as possible evidence of a testator’s intent when they are creating their will.
Holographic wills are almost never seen in Lombard because they lack the basic requirements to be admitted to probate. Occasionally, they might surface. There might be an unsigned statement that a client would want to take as a symbol of a person’s intent, but what is going to be controlling is the actual will or a traditional will of the testator.
Holographic wills are not subject to the same treatment as traditional wills because they are unwitnessed. It is possible handwritten wills that are witnessed could be admissible in Illinois. The problem is that most holographic wills or handwritten wills do not contain a proper attestation clause. To qualify as a properly drafted traditional will, they need to have an attestation clause. That attestation clause allows the judge to admit the will to probate without hearing the testimony of the witnesses.
Holographic wills likely would not have an attestation clause even if it is witnessed by two people. To be admitted to probate, the judge needs to hear the testimony of one of the witnesses. That is the main reason how a handwritten, witnessed will is treated differently than a traditional will. A truly holographic will, one that is not witnessed, would ho be admissible at all, so it is treated differently in that respect.
While focusing on your health, you may feel understandably less concerned with writing down your wishes for the future. However, you need to know that simply writing what you wish to happen does not qualify as a formal document. Holographic wills in Lombard are simply not admissible. Do not take the chance of your estate falling to intestacy laws. Speak to an attorney who could help you better plan for the future.