Is a Handwritten Will Ever Valid?
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Q. My brother, Larry, doesn’t like to spend money on anything. His family never went on vacation, never bought a new car, or never remodeled their 1970’s kitchen (or any other part of their home, for that matter). His attitude is that if something is functional, there is no need to replace it. He is also not big in the way of planning for things, especially if that planning costs
money.
Being frugal and staying on a tight budget is fine, and even commendable, but what I don’t understand is how he can refuse to budge about things that his family really needs. It’s certainly true that he and his wife, Cheryl, will have some savings when they retire. But, having never planned for anything, what would happen to all of that savings and their home when they die or if they should become
incapacitated one day?
Recently, Larry brought up that he and his wife do, in fact, have Wills. I was proud that they took the initiative to meet with an attorney to do at least some estate planning. However, when he told me they were hidden in a sock drawer and that he and Cheryl wrote them by hand is when I began to worry. He mentioned to me that he read an article about how Aretha Franklin has three handwritten wills,
one of which was found under a sofa cushion, that may be valid. This leads me to ask, can handwritten Wills ever be valid, and even if so, how can I convince Larry to reconsider and let an experienced attorney handle his estate planning? Thanks for your help!
Critter Corner: What Can Go Wrong if You Handwrite Your Own Will?
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My husband insists on us writing our own Wills. He said that handwritten Wills are legal in Virginia and that we don’t need help from an attorney. Is this correct, and if so, can you tell me some of the things that can go wrong if you write your own Will by hand, so I can talk him out of it? Thanks for your help!
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