QUESTION

Is a Last Will that is typed but signed by the deceased, that is nitnessed and noterized and dated legal in the state of Okla.?

Asked on Sep 14th, 2012 on Wills and Probate - Oklahoma
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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There is a slight possibility that it is valid, if it was not meant to be a holographic (handmade or handwritten) Will, but it’s hard to know without seeing the document. Oklahoma does recognize holographic Wills, but only under very specific conditions: 1. The person who is making the Will and whose estate it is about, the Testator, must write the Will entirely in his or her own handwriting. 2. The Will must be dated.3. It must be signed by the Testator.4. It must express what is called “testamentary intent.” That means that the Testator must say specifically that he or she intends, or means for the document being written to be used to dispense with her final wishes, administer his estate and provide instructions for dispersing his or her property after death.5. The Testator must be a person with “testamentary capacity.” That means he or she must be of legal age (not a minor) and mentally capable of recognizing the nature of his property or valuables and also recognizes the relationships of her family. Your document is typed, so if it was intended to be a holographic or homemade Will, it does not qualify. You also see that there is no requirement for witnesses or notary for a handwritten, holographic Will in Oklahoma. However there are very specific requirements regarding witnesses if this is not intended to be a holographic Will. Basically, it appears that what you have is a mixed document trying to be a holographic Will, but overdoing it to the point that it does not fall within the Oklahoma law’s requirements. This Will can be contested in court. Certainly, if there is any question at all about the intent and testamentary capacity of the Testator, it is likely to be challenged. You need an Oklahoma estate and probate lawyer to review your situation and advise you how to proceed, or you could be in for some expensive and time consuming problems when you get to court. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Sep 17th, 2012 at 12:02 PM

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