Do Indiana courts recognize holographic wills?
Question 5 Explanation:
A will which is handwritten and signed by the testator or testatrix is known as a holographic will. There are a number of states that recognize them as valid testamentary documents. Indiana is not one of those states. Simply writing out a will and signing it isn't going to guarantee that it will be admitted into probate.
That is not to say that a handwritten will is always invalid. As long as the handwritten will meets all the requirements necessary for a valid will, including the formalities of execution, the fact that it is handwritten and not typed shouldn't invalidate it.
In Indiana, there are several necessary formalities that must be followed to have a valid will. The first requirement is that the will must be in writing and express testamentary intent. That basically means that the document must make it clear that its intent is to distribute property following death.
Attorneys use legalese to establish testamentary intent, but simple terms that make it clear that the document is intended to be a will and distribute property is probably enough. Something like "this is my will and I want my wife to get everything" is arguably enough.
The second requirement is that the will must be signed by the testator/testatrix and that he or she must be a competent adult. A competent adult who knows what he is doing, why he is doing it and who the family is, has fairly good chances to meet the minimum competency requirements necessary to execute a will.
The final requirement is that the will be witnessed by two disinterested witnesses. All that is needed is two people that aren't blood relatives to witness the signatures.
These are the minimum requirements to have a valid will. The problem is that the minimum is rarely enough. A will drafted by an attorney is going to meet all of the requirements, plus address a number of other issues. For example, the will drafted by the attorney is going to name personal representatives and guardians when appropriate to do so.
Practice Tip: As in all cases where the circumstances are outside your scope of competency, refer to a third party professional for expert advice.